Statute Details
- Title: Copyright (National Heritage Board Collections) Regulations 2021
- Act Code: CA2021-RG5
- Type: Subsidiary legislation (SL)
- Authorising Act: Copyright Act 2021 (Sections 91(b) and 93(b))
- Commencement: 1 December 2021
- 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 of National Heritage Board)
- Citation: SL 899/2021 (as indicated in the legislative record)
What Is This Legislation About?
The Copyright (National Heritage Board Collections) Regulations 2021 is a focused set of rules made under the Copyright Act 2021. In plain terms, it identifies (i) which National Heritage Board (NHB) collections are treated as “public collections” for copyright purposes, and (ii) which institutions are treated as the “custodians” of those collections when they are under specific curatorial responsibilities.
This matters because the Copyright Act contains provisions that treat certain uses of copyright material differently depending on whether the material is held in prescribed public collections and whether it is managed by prescribed custodians. The Regulations therefore operate as a legal bridge: they convert NHB’s collections and curatorial arrangements into the specific categories needed to trigger the Copyright Act’s relevant copyright regime.
Although the Regulations are short, they are practically significant for museums, galleries, archivists, and rights stakeholders. They clarify the scope of collections that qualify and the entities that can lawfully rely on the statutory framework for prescribed public collections.
What Are the Key Provisions?
Regulation 1 (Citation) provides the formal title by which the Regulations are cited. While it is not substantive, it is important for legal referencing and compliance documentation.
Regulation 2: Prescribed public collections of National Heritage Board is the core provision. It states that, for the purposes of section 91(b) of the Copyright Act, “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 “to the extent” language is crucial: it limits the prescription to NHB-owned (or NHB-interested) objects, rather than every item that might be associated with NHB activities.
Regulation 2(2) then explains when an “object” belongs to the NHB. An object belongs to the Board if any of the following applies:
- Vesting of property under section 13 of the National Heritage Board Act 1993 (property is vested in the Board);
- Vesting of an interest under section 14 of the National Heritage Board Act 1993 (an interest in the property is vested in the Board); or
- Acquisition or transfer under section 15 of the National Heritage Board Act 1993 (the object is acquired by or transferred to the Board).
In effect, Regulation 2 ties the copyright “public collection” status to NHB’s statutory property and interest framework under the NHB Act. This is a legal technique practitioners will recognise: rather than attempting to define “public collections” solely by reference to curatorial practice, it anchors eligibility to formal vesting/acquisition/transfer mechanisms. That reduces ambiguity and supports auditability.
Regulation 2(3) clarifies that the term “object” has the meaning given by section 2 of the National Heritage Board Act 1993. This cross-reference is important for interpretation. If the NHB Act defines “object” broadly (for example, covering categories of heritage items), then the Regulations inherit that breadth for determining which items can qualify as belonging to NHB.
Regulation 3: Prescribed custodians of public collections of National Heritage Board addresses the second prong of the statutory scheme: who is the “custodian” for the purposes of section 93(b) of the Copyright Act. The Regulations prescribe two custodians, but only to the extent that the relevant NHB collections come under their curatorial responsibility:
- National Gallery Singapore is prescribed as custodian of the public collections of NHB to the extent those collections fall under its curatorial responsibility; and
- Singapore Art Museum is prescribed as custodian of the public collections of NHB to the extent those collections fall under its curatorial responsibility.
This “to the extent” structure is again significant. It recognises that NHB collections may be curated by different institutions depending on subject matter, exhibition arrangements, or organisational responsibilities. For copyright compliance, the custodian designation can affect which entity may rely on the Copyright Act’s prescribed-public-collection framework for permitted acts (depending on the exact operation of section 91 and section 93).
Practically, Regulation 3 means that custodial authority is not blanket across all NHB collections for each institution. Instead, it is scoped to curatorial responsibility. Lawyers advising museums or NHB-linked institutions should therefore pay attention to internal curatorial allocations and documentation demonstrating which collections are under which custodian’s responsibility.
How Is This Legislation Structured?
The Regulations are structured as a short instrument with three regulations:
- Regulation 1 sets out the citation.
- Regulation 2 prescribes NHB collections as “public collections” for the purposes of section 91(b) of the Copyright Act, and defines the conditions under which an object belongs to NHB (by reference to the NHB Act 1993).
- Regulation 3 prescribes National Gallery Singapore and the Singapore Art Museum as custodians for the purposes of section 93(b), again limited to the extent of their curatorial responsibility.
There are no additional parts or schedules in the extract provided. The Regulations operate primarily through cross-references to the Copyright Act 2021 and the National Heritage Board Act 1993.
Who Does This Legislation Apply To?
Although the Regulations are made under the Copyright Act, their direct effect is on how copyright rules apply to certain heritage collections and the institutions that manage them. The primary “subjects” are:
- National Heritage Board, because its collections are being prescribed as public collections (subject to the “objects belonging to the Board” limitation); and
- National Gallery Singapore and Singapore Art Museum, because they are prescribed as custodians for the relevant portions of those collections.
In practice, the Regulations will also be relevant to any person or entity seeking to rely on the Copyright Act’s provisions that are triggered by the existence of prescribed public collections and prescribed custodians. This includes museums and galleries, digitisation and archival service providers, contractors digitising heritage materials, and rights holders assessing whether particular uses fall within statutory allowances.
Because the Regulations are scoped “to the extent” of curatorial responsibility and “to the extent” of objects belonging to NHB, applicability can be fact-specific. A practitioner should expect to conduct a document-based and item-based assessment rather than assume universal coverage.
Why Is This Legislation Important?
First, the Regulations provide legal certainty. Without a prescription, parties might dispute whether NHB collections qualify as “public collections” under the Copyright Act, and whether a particular institution is the correct “custodian” for purposes of the statutory regime. By prescribing the collections and custodians, the Regulations reduce interpretive uncertainty and support consistent application across institutions.
Second, the Regulations facilitate heritage access and lawful use. Museums and galleries frequently engage in activities such as digitisation, cataloguing, research access, exhibitions, and public dissemination of images or descriptions. Where the Copyright Act provides special treatment for prescribed public collections, the Regulations are the mechanism that allows NHB-linked institutions to operate within that framework.
Third, the “to the extent” limitations create a compliance and governance focus. For legal practitioners, this means advising clients to maintain clear records showing:
- which objects belong to NHB under the NHB Act vesting/acquisition/transfer provisions; and
- which NHB collections are under the curatorial responsibility of National Gallery Singapore or the Singapore Art Museum.
These records can be critical in disputes, audits, or when rights holders challenge the basis for a particular copyright use.
Finally, the Regulations illustrate how Singapore’s copyright framework integrates with heritage governance. By cross-referencing the NHB Act, the Regulations ensure that copyright categorisation aligns with statutory ownership and interest structures. This alignment is beneficial for both rights management and institutional accountability.
Related Legislation
- Copyright Act 2021 (Sections 91(b) and 93(b))
- National Heritage Board Act 1993 (Sections 13, 14, 15 and 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.