Part of a comprehensive analysis of the Copyright Act 2021
All Parts in This Series
- PART 1
- PART 2
- PART 3
- Part 6
- PART 4
- Part 6
- PART 5 (this article)
- PART 6
- PART 7
- PART 8
- PART 9
- PART 10
- PART 11
- Part 9
- PART 12
Permitted Uses and Copyright Infringement under the Copyright Act 2021
The Copyright Act 2021 establishes clear provisions regarding permitted uses of copyrighted works and protected performances, which serve to balance the rights of copyright owners with public interest and fair access. The fundamental principle is that certain acts, when classified as permitted uses, do not constitute copyright infringement. This principle is enshrined in Section 183, which states:
"Where an act in relation to a work is a permitted use, the act is not an infringement of any copyright in the work." — Section 183(1)
Verify Section 183 in source document →
"Where an act in relation to a protected performance is a permitted use, the act is not an infringing use of the performance." — Section 183(2)
Verify Section 183 in source document →
This provision exists to ensure that copyright law does not unduly restrict legitimate uses of works, such as educational purposes, research, or accessibility adaptations. It recognises that copyright protection should not be absolute and must accommodate socially beneficial uses.
However, the Act also recognises the contractual autonomy of rights owners, allowing them to exclude or restrict permitted uses by contract with specific persons, as provided in Section 186(1):
"A rights owner may, by contract with a person, exclude or restrict the application of a permitted use to that person." — Section 186(1)
Verify Section 186 in source document →
This provision exists to protect the commercial interests of rights owners in private agreements, allowing tailored arrangements while maintaining statutory safeguards for the public.
Importantly, the Act limits the extent to which contracts can override statutory permitted uses. Section 187(1) declares void any contract terms that attempt to exclude or restrict permitted uses under certain divisions, including public collections, computer programs, computational data analysis, and judicial proceedings and legal advice:
"Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in Division 6 (public collections), Division 7 (computer programs), Division 8 (computational data analysis), or Division 17 (judicial proceedings and legal advice)." — Section 187(1)
Verify Section 187 in source document →
This provision safeguards essential public interests and ensures that statutory exceptions cannot be circumvented by contractual clauses, preserving access to knowledge and information in critical areas.
Further, the Act explicitly recognises fair use as a permitted use for both works and protected performances, reflecting a flexible approach to copyright exceptions:
"It is a permitted use of a work to make a fair use of the work." — Section 190(1)
Verify Section 190 in source document →
"It is a permitted use of a protected performance to make a fair use of the performance; or a recording of the performance." — Section 190(2)
Verify Section 190 in source document →
The inclusion of fair use allows for a case-by-case assessment of whether a particular use is fair, considering factors such as purpose, nature, amount used, and effect on the market. This provision exists to promote creativity, criticism, commentary, and education without requiring explicit permission in every instance.
Definitions Relevant to Permitted Uses and Accessibility
The Act provides precise definitions to clarify the scope of permitted uses, particularly concerning accessibility for persons with disabilities and educational contexts. These definitions ensure that the law accommodates diverse needs and technological formats.
For example, Section 207(1) defines "accessible format" as:
"Any format that is accessible to persons with print disabilities, including a large print version; an electronic book; a sound recording; the format known as Digital Accessible Information System (DAISY); or any format that is specifically designed to meet the needs of persons with print disabilities, including a Braille version; and a photographic version." — Section 207(1)
Verify Section 207 in source document →
This definition exists to facilitate the creation and distribution of works in formats that enable persons with print disabilities to access copyrighted materials, thereby promoting inclusivity and equal access to information.
Similarly, Section 208 defines "accessible format copy" as:
"A copy (whether in an electronic or a physical form) of the work or recording in an accessible format." — Section 208
Verify Section 208 in source document →
This ensures that both digital and physical copies adapted for accessibility are recognised under the law.
Other important definitions include "new copy," which means a copy that is not secondhand, as per Section 217(5):
"In this section, 'new copy' means a copy that is not secondhand." — Section 217(5)
Verify Section 217 in source document →
This definition is important for provisions relating to the supply and distribution of copies, ensuring clarity on the status of goods in commerce.
Section 221 defines "article" in relation to periodical publications as:
"Anything (other than an artistic work) appearing in the publication." — Section 221
Verify Section 221 in source document →
This clarifies the scope of content covered within periodicals for copyright purposes.
In the educational context, Section 199(6) defines "administrator" as:
"The person who is responsible for the day-to-day administration of the institution." — Section 199(6)
Verify Section 199 in source document →
This definition is crucial for assigning responsibility and liability within educational institutions concerning copyright compliance.
Lastly, the term "record keeping offence" is defined in Section 199(6) as:
"Any prescribed offence relating to the keeping of records for the purposes of section 198(2)(e); or any offence mentioned in section 166(1) of the 1987 Act." — Section 199(6)
Verify Section 199 in source document →
This definition underpins enforcement mechanisms related to compliance with statutory record-keeping obligations.
Penalties and Enforcement Mechanisms for Non-Compliance
The Copyright Act 2021 provides for specific penalties and enforcement measures to ensure compliance, particularly in the context of educational institutions and record keeping.
Section 199(3) sets out the conditions under which a suspension order may be made against a body administering an educational institution:
"A suspension order against a body administering an educational institution may only be made if the body has been convicted of 2 or more record keeping offences; the administrator of the institution has been convicted of 2 or more record keeping offences; or the body and the administrator of the institution has each been convicted of one record keeping offence and the offences arise from separate transactions." — Section 199(3)
Verify Section 199 in source document →
This provision exists to impose a graduated enforcement regime, ensuring that suspension orders are only made in cases of repeated or serious non-compliance, thereby protecting educational institutions from disproportionate penalties while maintaining accountability.
Section 199(1) empowers the Copyright Tribunal to suspend the application of the whole of Section 198 in relation to an educational institution:
"A Copyright Tribunal may make an order suspending the application of the whole of section 198 in relation to a body administering an educational institution." — Section 199(1)
Verify Section 199 in source document →
This mechanism provides flexibility to the Tribunal to tailor enforcement measures and balance interests in specific cases.
As previously noted, Section 187(1) invalidates contract terms that seek to exclude or restrict permitted uses under certain divisions, reinforcing statutory protections:
"Any contract term is void to the extent that it purports, directly or indirectly, to exclude or restrict any permitted use under any provision in Division 6 (public collections), Division 7 (computer programs), Division 8 (computational data analysis), or Division 17 (judicial proceedings and legal advice)." — Section 187(1)
Verify Section 187 in source document →
This provision exists to prevent contractual clauses from undermining statutory exceptions, ensuring that public interest uses remain protected.
Cross-References to Other Legislation
The Copyright Act 2021 incorporates cross-references to other statutes to ensure coherent interpretation and application of the law.
Section 188(2)(a) requires consideration of the interpretation of Section 27(2)(b) of the Unfair Contract Terms Act 1977 when dealing with certain contractual provisions:
"For the purposes of subsection (1)(b) — the interpretation of section 27(2)(b) of the Unfair Contract Terms Act 1977 must be considered." — Section 188(2)(a)
Verify Section 188 in source document →
This cross-reference exists to align the treatment of unfair contract terms within copyright contracts with broader contract law principles, promoting fairness and consistency.
Additionally, Section 225(4) defines "online material" and "Singapore website" by reference to Section 2 of the National Library Board Act 1995:
"In this section, 'online material' and 'Singapore website' have the meanings given by section 2 of the National Library Board Act 1995." — Section 225(4)
Verify Section 225 in source document →
This ensures uniformity in terminology across related legislation, facilitating effective regulation of digital content and library services.
Conclusion
The Copyright Act 2021 carefully balances the protection of copyright owners’ rights with the public interest in access, education, and accessibility. The provisions on permitted uses, definitions, penalties, and cross-references collectively create a robust legal framework that supports fair use, protects vulnerable users, and enforces compliance without unduly restricting legitimate uses. Contractual autonomy is respected but limited to prevent erosion of statutory exceptions, ensuring that copyright law serves both creators and the community effectively.
Sections Covered in This Analysis
- Section 183(1), (2)
- Section 186(1)
- Section 187(1)
- Section 190(1), (2)
- Section 207(1)
- Section 208
- Section 217(5)
- Section 221
- Section 199(1), (3), (6)
- Section 188(2)(a)
- Section 225(4)
Source Documents
For the authoritative text, consult SSO.