Copyright Act 2021 — PART 7: ADDITIONAL RIGHTS RELATING TO

Part of a comprehensive analysis of the Copyright Act 2021

All Parts in This Series

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

Analysis of Part 7: Moral Rights and Protection of Electronic Rights Management and Technological Measures under the Copyright Act 2021

Part 7 of the Copyright Act 2021 provides a comprehensive legal framework that safeguards the moral rights of authors and performers, and protects electronic rights management information and technological measures. This Part is essential in addressing modern challenges in copyright protection, especially in the digital environment where unauthorized use and circumvention of protections are prevalent. This analysis explores the key provisions, definitions, penalties, and cross-references within Part 7, explaining their purposes and implications.

Author’s Moral Rights (Division 1)

Division 1 of Part 7 establishes the moral rights of authors, which are distinct from economic rights. These rights protect the personal and reputational interests of authors in their works. The key moral rights include:

• The right to be identified as the author of a work;
• The right against false identification;
• The right not to have altered copies represented as unaltered;
• Consent and waiver provisions;
• Actions and remedies for infringement;
• Devolution of rights on the author’s death.

"Author’s moral rights" include "the moral right to be so identified" and rights against false identification and altered copies. — Sections 371-386, Copyright Act 2021

Verify source in source document →

Purpose: These provisions exist to protect the personal connection between authors and their works, ensuring that authors receive proper attribution and that their works are not distorted or falsely attributed. This recognition is fundamental to the integrity of creative expression and the author’s reputation.

Performer’s Moral Rights (Division 2)

Division 2 mirrors the protections granted to authors but applies them to performers of protected performances. Performers are granted similar moral rights, including:

• The right to be identified as the performer;
• The right against false identification;
• The right not to have altered recordings represented as unaltered;
• Consent and waiver provisions;
• Actions and remedies for infringement;
• Devolution of rights on the performer’s death.

"Performer’s moral rights" include "the moral right to be so identified" and rights against false identification and altered recordings. — Sections 391-405, Copyright Act 2021

Verify source in source document →

Purpose: These rights acknowledge the creative contribution of performers and protect their personal and professional reputation by ensuring proper attribution and preventing misrepresentation of their performances.

Protection of Electronic Rights Management Information (Division 3)

Division 3 addresses the protection of electronic rights management information (RMI), which is critical in the digital age for managing copyright and licensing. The provisions prohibit:

• Knowingly removing or altering any rights management information;
• Dealing with altered rights management information or copies;
• Providing actions and remedies for infringement.

"Protection of electronic rights management information prohibits 'knowingly remov[ing] or alter[ing] any rights management information' and dealing with altered information or copies." — Sections 411-421, Copyright Act 2021

Verify source in source document →

Purpose: These provisions exist to maintain the integrity of electronic rights management systems, which are vital for enforcing copyright in digital environments. By protecting RMI, the law helps prevent unauthorized use and distribution of copyrighted works.

Protection of Technological Measures (Division 4)

Division 4 focuses on technological measures used to protect copyright works, such as digital locks and encryption. The key prohibitions include:

• Circumventing access control measures;
• Dealing in devices or services designed to circumvent such measures;
• Specified exceptions to these prohibitions;
• Actions, remedies, offences, and enforcement powers.

"Protection of technological measures prohibits 'circumvent[ing] an access control measure' and 'deal[ing] in a circumventing device or service,' with specified exceptions." — Sections 425-443, Copyright Act 2021

Verify source in source document →

Purpose: These provisions aim to prevent unauthorized access to and use of copyrighted works by prohibiting the circumvention of technological protections. This is crucial in the digital era where such measures are primary tools for copyright enforcement.

Key Definitions in Part 7

Understanding the terminology used in Part 7 is essential for interpreting its provisions. Important definitions include:

• "Moral right" means a right under this Division, specifically relating to authors or performers. — Sections 369, 389
• "Name" includes initials or a monogram, broadening the scope of identification. — Sections 369, 389
• "Protected copy" means a copyright work or copy, or a recording of a protected performance. — Section 408
• "Rights owner" includes any exclusive licensee of the copyright, recognizing licensees’ interests. — Section 408
• "Rights management information" means information identifying the work, copyright owner, author, terms and conditions, or codes representing such information, excluding user information. — Section 409
• "Technological measure" means an access control measure or a protection measure. — Section 423
• "Access control measure" means technology that controls access to a protected copy. — Section 423
• "Protection measure" means technology that prevents or limits acts constituting rights infringement. — Section 423
• "Circumvent" means to avoid, bypass, remove, deactivate, descramble, decrypt or otherwise impair. — Section 422
• "Deal" means manufacture, import, distribute, offer, provide or traffic in devices or services. — Section 422

Purpose: These definitions clarify the scope and application of Part 7’s provisions, ensuring precise legal interpretation and enforcement.

Penalties for Non-Compliance

Part 7 imposes significant penalties to deter infringement and ensure compliance, particularly concerning electronic rights management information and technological measures:

• Wilful infringement of electronic rights management information provisions to obtain commercial advantage or financial gain:
  • Fine not exceeding $20,000 for infringement of section 411;
  • Fine not exceeding $20,000 or imprisonment up to 2 years or both for infringement of sections 412 or 413. — Section 417(3)
• Wilful circumvention of access control measures or dealing in circumventing devices or services to obtain commercial advantage or financial gain:
  • Fine not exceeding $20,000 for wilful circumvention. — Section 439(3)(a)
  • Fine not exceeding $20,000 or imprisonment up to 2 years or both for wilful dealing in circumventing devices or services. — Section 439(3)(b)

Purpose: These penalties serve as a deterrent against deliberate infringement and commercial exploitation of protected works, reinforcing the effectiveness of the moral rights and technological protections.

Cross-References to Other Legislation and Provisions

Part 7 cross-references several other provisions within the Copyright Act and external legislation to ensure coherence and comprehensive enforcement:

• Disposal of seized evidence under section 108 of the Police Force Act 2004 is referenced for handling seized infringing materials. — Sections 420(2)(b), 442(2)(b)
• References to permitted uses of authorial works under sections 202 (examination purposes), 265 (artistic works in public places), 266 (incidental inclusion in film, television broadcast or cable programme), 290 (judicial proceedings), and Division 14 of Part 5 (artistic works with corresponding designs and industrially applied artistic works). — Section 376(a)
• References to permitted uses of performances under sections 202 (examination purposes) and 290 (judicial proceedings). — Section 396(a)
• Clarification that certain provisions do not apply to films treated as dramatic works under section 523. — Section 377(b)

"Disposed of in accordance with section 108 of the Police Force Act 2004 (disposal of lost or unclaimed property deposited with police)." — Sections 420(2)(b), 442(2)(b)

Verify source in source document →

"Where a person does an act that is a permitted use of an authorial work under any of the following provisions: (i) section 202 (examination purposes); (ii) section 265 (artistic works in public places); (iii) section 266 (incidental inclusion in film, television broadcast or cable programme); (iv) section 290 (judicial proceedings); (v) Division 14 of Part 5 (artistic works with corresponding designs and industrially applied artistic works)." — Section 376(a)

Verify Section 376 in source document →

"Where a person does an act that is a permitted use of a performance under any of the following provisions: (i) section 202 (examination purposes); (ii) section 290 (judicial proceedings)." — Section 396(a)

Verify Section 396 in source document →

"Does not, despite section 523, apply to a film that is treated as a dramatic work by that section." — Section 377(b)

Verify Section 377 in source document →

Purpose: These cross-references ensure that Part 7’s provisions operate harmoniously with other statutory provisions and procedural rules, facilitating consistent application and enforcement of copyright law.

Conclusion

Part 7 of the Copyright Act 2021 is a critical component of Singapore’s copyright regime, reflecting the evolving nature of copyright protection in the digital age. By codifying moral rights for authors and performers, protecting electronic rights management information, and prohibiting circumvention of technological measures, the legislation safeguards both the personal interests of creators and the economic interests of rights owners.

The detailed definitions and stringent penalties underscore the seriousness with which the law treats these protections. Furthermore, the integration with other statutory provisions ensures a cohesive legal framework that supports effective copyright enforcement.

Sections Covered in This Analysis

• Sections 369, 371-386 (Author’s Moral Rights)
• Sections 389, 391-405 (Performer’s Moral Rights)
• Sections 408-421 (Protection of Electronic Rights Management Information)
• Sections 422-443 (Protection of Technological Measures)
• Sections 417(3), 439(3)(a), 439(3)(b) (Penalties)
• Sections 376(a), 377(b), 396(a), 420(2)(b), 442(2)(b) (Cross-References)

Source Documents

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

For the authoritative text, consult SSO.