Statute Details
- Title: Copyright (National Heritage Board Collections) Regulations 2021
- Act Code: CA2021-RG5
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Copyright Act 2021 (Sections 91(b) and 93(b))
- Commencement: 1 December 2021 (as indicated by the revised edition)
- Latest Revised Edition: 2025 Revised Edition (2 June 2025)
- Status: Current version as at 27 March 2026
- Key Provisions: Regulation 2 (Prescribed public collections of National Heritage Board); Regulation 3 (Prescribed custodians of public collections)
What Is This Legislation About?
The Copyright (National Heritage Board Collections) Regulations 2021 (“the Regulations”) is a targeted set of rules that identifies certain National Heritage Board (“NHB”) collections as “public collections” for specific purposes under the Copyright Act 2021. In plain language, it clarifies which NHB-held objects (and the collections they form) are treated as public collections when applying copyright exceptions or rules that depend on that classification.
The Regulations also designate particular institutions as “custodians” of those public collections, but only to the extent that the collections fall under their curatorial responsibility. This matters because copyright treatment often depends not only on the nature of the collection, but also on who is responsible for managing it and facilitating access, preservation, and related activities.
Overall, the Regulations serve an administrative and legal “routing” function: they connect NHB’s statutory holdings and curatorial arrangements to the Copyright Act’s framework. Without such prescribed designations, the copyright consequences for access and use of works associated with NHB collections could be uncertain or inconsistent.
What Are the Key Provisions?
Regulation 2: Prescribed public collections of National Heritage Board
Regulation 2 is the core provision. It states that, for the purposes of section 91(b) of the Copyright Act 2021, “all collections of the National Heritage Board” are prescribed to be “public collections” to the extent that they consist of objects belonging to the Board.
This is not a blanket declaration that every item connected to NHB is automatically a public collection for all purposes. Instead, the Regulations tie the classification to the legal ownership or vesting of the underlying objects. The phrase “to the extent that they consist of objects belonging to the Board” is therefore crucial: it limits the scope of “public collection” status to those objects that meet the statutory criteria for belonging to NHB.
How does an object “belong” to NHB? Regulation 2(2) provides three pathways. An object belongs to NHB if:
- (a) the property in the object is vested in the Board under section 13 of the National Heritage Board Act 1993;
- (b) an interest in the property is vested in the Board under section 14 of the National Heritage Board Act 1993; or
- (c) the object is acquired by or transferred to the Board under section 15 of the National Heritage Board Act 1993.
For practitioners, this means the analysis is anchored in NHB’s enabling legislation. When advising on whether a particular NHB item is part of a “public collection” for copyright purposes, counsel should map the item’s legal status to one of the vesting/acquisition provisions in the National Heritage Board Act 1993. Evidence may include vesting instruments, acquisition records, or documentation showing transfer/acquisition under the relevant sections.
Definition of “object”
Regulation 2(3) clarifies that “object” has the meaning given by section 2 of the National Heritage Board Act 1993. This is important because “object” may have a defined scope (for example, it may include categories of heritage items, artefacts, or other items within NHB’s statutory remit). A practitioner should therefore consult the definition in the National Heritage Board Act 1993 to avoid arguments about whether a particular item qualifies.
Regulation 3: Prescribed custodians of public collections of National Heritage Board
Regulation 3 addresses section 93(b) of the Copyright Act 2021. It prescribes which entities are “custodians” of the public collections of NHB, but again with a curatorial responsibility limitation.
Two institutions are designated:
- (a) National Gallery Singapore is prescribed as the custodian of the public collections of NHB to the extent that those collections come under the curatorial responsibility of National Gallery Singapore.
- (b) Singapore Art Museum is prescribed as the custodian of the public collections of NHB to the extent that those collections come under the curatorial responsibility of the Singapore Art Museum.
The practical effect is to allocate custodianship based on curatorial responsibility. This is a common approach in heritage and museum governance: while NHB may hold the collections, curatorial functions are carried out by specialist institutions. The Regulations ensure that, for copyright purposes, the correct custodian is identified for the relevant collections under each institution’s care.
Why “to the extent” matters
Both Regulation 2 and Regulation 3 use limiting language (“to the extent that…”). This suggests that custodianship is not necessarily all-or-nothing. If a particular object or subset of objects is under the curatorial responsibility of one institution, that institution is the custodian for that subset. If another subset is under another institution’s curatorial responsibility, custodianship may differ accordingly.
For legal work, this can affect who is authorised to rely on copyright provisions that apply to custodians of public collections. It also affects risk allocation in licensing, digitisation, reproduction, and public access activities, because the custodian may be the party expected to comply with conditions attached to the relevant copyright exceptions or permissions.
How Is This Legislation Structured?
The Regulations are short and structured as follows:
- Part/Section 1 (Citation): Provides the short title of the Regulations.
- Regulation 2: Prescribes NHB collections as “public collections” for the purposes of section 91(b) of the Copyright Act 2021, limited to objects belonging to NHB, and defines how an object belongs to NHB by reference to the National Heritage Board Act 1993.
- Regulation 3: Prescribes the custodians of those public collections for the purposes of section 93(b) of the Copyright Act 2021, designating National Gallery Singapore and the Singapore Art Museum to the extent of their curatorial responsibility.
Notably, the Regulations do not themselves set out copyright permissions or exceptions. Instead, they operate as a definitional/administrative bridge to the Copyright Act’s operative provisions.
Who Does This Legislation Apply To?
The Regulations apply primarily to parties who need to determine whether NHB collections qualify as “public collections” and who qualifies as the “custodian” for those collections under the Copyright Act 2021. In practice, this includes NHB and its related institutions, as well as any third parties dealing with copyright issues involving works associated with NHB objects (for example, digitisation vendors, publishers, museums, galleries, and platforms seeking to reproduce or provide access to content).
While the Regulations name specific custodians (National Gallery Singapore and the Singapore Art Museum), the underlying “public collection” status is tied to NHB’s ownership/vesting of objects. Therefore, the scope of application is best understood as two-layered: (1) the object must belong to NHB under the National Heritage Board Act 1993; and (2) the relevant custodian depends on which institution has curatorial responsibility for that subset of the collections.
Why Is This Legislation Important?
Although the Regulations are brief, they are legally significant because they determine how the Copyright Act 2021 applies to heritage collections. In copyright practice, classification questions often decide whether a party can rely on statutory exceptions, comply with statutory conditions, or determine the correct rights-holder/custodian framework for permitted uses.
For practitioners advising museums, galleries, cultural institutions, or technology providers, the Regulations reduce uncertainty by providing an authoritative prescription. Rather than arguing whether NHB collections are “public collections” as a matter of policy or administrative practice, parties can point to the Regulations’ legal designation and the specific vesting/acquisition criteria.
From an enforcement and compliance perspective, the “to the extent” limitations are particularly important. If a party incorrectly assumes that all NHB-related items are part of a public collection, or if it assumes the wrong custodian for a subset of objects, it may misapply copyright rules. That can lead to compliance failures, takedown requests, or exposure to copyright infringement claims depending on the facts and the operative provisions of the Copyright Act 2021.
Finally, the Regulations reflect the operational reality of Singapore’s heritage ecosystem: NHB holds and manages collections, while curatorial responsibilities are carried out by specialist institutions. By aligning legal designations with curatorial responsibility, the Regulations support efficient access and stewardship while maintaining a clear copyright framework.
Related Legislation
- Copyright Act 2021 (Sections 91(b) and 93(b))
- National Heritage Board Act 1993 (Sections 13, 14, 15; definition of “object” in section 2)
Source Documents
This article provides an overview of the Copyright (National Heritage Board Collections) Regulations 2021 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.