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Commons:Copyright rules by territory/Singapore

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This page requires updating because: New Copyright Act 2021 commenced in November 2021. In doing so, you could add a timestamp to the page.
Please notify the uploader with {{subst:update-note|1=Commons:Copyright rules by territory/Singapore|2=New Copyright Act 2021 commenced in November 2021.}} ~~~~
Copyright rules: Singapore
Shortcut: COM:SINGAPORE
Flag of Singapore
Map of Singapore
Durations
Standard Life + 70 years
Anonymous Publish + 70 years
Posthumous Publish + 70 years
Government Publish + 70 years
Other
Freedom of panorama For 3D works and "works of artistic craftsmanship"
Terms run to year end Yes
Common licence tags {{PD-SG-artisticwork}}
{{PD-SG-photo}}
{{PD-Singapore}}
ISO 3166-1 alpha-3 SGP
Treaties
Berne convention 21 December 1998
WTO member 1 January 1995
URAA restoration date‌* 1 January 1996
WIPO treaty 17 April 2005
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 31 December 1928 and protected in the country of origin on the URAA date.

This page provides an overview of copyright rules of Singapore relevant to uploading works into Wikimedia Commons. Note that any work originating in Singapore must be in the public domain, or available under a free license, in both Singapore and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Singapore, refer to the relevant laws for clarification.

Background

The British East India Company established a trading post on Singapore island in 1819, which became a British crown colony in 1858. Singapore gained independence in 1963 as part of Malaysia, then became a sovereign nation in 1965.

Singapore has been a member of the Berne Convention since 21 December 1998, the WIPO treaty since 17 April 2005 and the World Trade Organization since 1 January 1995.[1]

As of 2021 the Singapore Government's Singapore Statutes Online website provided the text of the Copyright Act 2021 (Act 22 of 2021)[2], which repeals and re-enacts the former Copyright Act (Chapter 63).[3] Except provisions related to collective management organizations, the Copyright Act 2021 came into operation on 21 November 2021. The World Intellectual Property Organization (WIPO), a United Nations Agency, listed the Copyright Act (Chapter 63) (Revised Edition 2006, as amended up to the Intellectual Property (Border Enforcement) Act 2018) was the main copyright law enacted by the legislature.[1] WIPO holds a copy of this act in their WIPO-LEX database.[4]

Definitions

Under the Copyright Act (Chapter 63) as amended up to 2018, Section 7,[63/2006-2018 Section 7]

  • Artistic work means: (a) a painting, sculpture, drawing or engraving, whether the work is of artistic quality or not; (b) a building or model of a building, whether the building or model is of artistic quality or not; or (c) a work of artistic craftsmanship to which neither paragraph (a) nor (b) applies.
  • Broadcast means broadcast by wireless telegraphy, which means the emitting or receiving, otherwise than over a path that is provided by a material substance, of electro-magnetic energy.
  • Cable programme is a programme which is included in a cable programme service.
  • Cable programme service means a service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either (a) for reception, otherwise than by wireless telegraphy, at two or more places in Singapore, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or (b) for reception, by whatever means, at a place in Singapore for the purpose of their being presented there either to members of the public or to any group of persons.
  • Cinematograph film is the aggregate of visual images embodied in an article or thing so as to be capable by the use of that article or thing (a) of being shown as a moving picture; or (b) of being embodied in another article or thing by the use of which it can be so shown, and includes the aggregate of the sounds embodied in a soundtrack associated with such visual images.
  • Compilation means (a) a compilation, or table, consisting wholly of relevant materials or parts of relevant materials; (b) a compilation, or table, consisting partly of relevant materials or parts of relevant materials; or (c) a compilation, or table, of data other than relevant materials or parts of relevant materials, which, by reason of the selection or arrangement of its contents, constitutes an intellectual creation.[63/2006-2018 Section 7A(3)]
  • Dramatic work includes (a) a choreographic show or other dumb show if described in writing in the form in which the show is to be presented; and (b) a scenario or script for a cinematograph film.
  • Drawing includes any diagram, map, chart or plan.
  • Literary work includes (a) a compilation in any form, and (b) a computer program.[63/2006-2018 Section 7A(1)]
  • Sound broadcast is sounds broadcast otherwise than as part of a television broadcast.
  • Sound recording is the aggregate of the sounds embodied in a record, and a record is a disc, tape, paper or other device in which sounds are embodied.
  • Telecommunication system is a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of (a) speech, music and other sounds; (b) visual images; (c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or (d) signals serving for the actuation or control of machinery or apparatus.
  • Television broadcast is visual images broadcast by way of television, together with any sounds broadcast for reception along with those images.

Non-government works

Under the Copyright Act (Chapter 63) as amended up to 2018,

  • The following works are in the public domain upon the expiry of 70 years after the end of the calendar year in which the authors of the works died:
    • Published literary, dramatic and musical works.[63/2006-2018 Section 28(2)]
    • Published and unpublished artistic works other than photographs.[63/2006-2018 Section 28(2)]
  • If, before the death of the author of a literary, dramatic or musical work the work had not been published, performed in public, broadcast or included in a cable programme, and records of the work had not been offered or exposed for sale to the public, the work is in the public domain upon the expiry of 70 years after the end of the calendar year in which the work was first published, performed in public, or broadcast, or included in a cable programme, or records of the work are first offered or exposed for sale to the public, whichever is the earliest of those events to happen (that is, the work was made available to the public before or in 1953).[63/2006-2018 Section 28(3)]
  • If, before the death of the author of an engraving the work had not been published, the work is in the public domain upon the expiry of 70 years after the end of the calendar year in which the work was first published (that is, it was first published before or in 1953).[63/2006-2018 Section 28(5)]
  • An anonymous or pseudonymous literary, dramatic and musical work is in the public domain if 70 years have passed since the end of the calendar year in which the work was first published (that is, it was first published before or in 1953).[63/2006-2018 Section 29(1)] The work ceases to be in the public domain if at any time before the 70-year period expires the identity of the author of the work is generally known or can be ascertained by reasonable inquiry.[63/2006-2018 Section 29(2)]
  • A photograph is in the public domain in the following situations:
    • If it was taken before 10 April 1987, 70 years have passed since the end of the calendar year in which it was taken (that is, it was taken before or in 1953).[63/2006-2018 Section 212]
    • If it was taken on or after 10 April 1987, 70 years have passed since the end of the calendar year in which it was first published.[63/2006-2018 Section 28(6)]
  • A published edition of a work or works is in the public domain in the following situations:
    • If it was first published before 10 April 1987.[63/2006-2018 Section 223]
    • If it was published on or after 10 April 1987, 25 years have passed since the end of the calendar year in which it was first published.[63/2006-2018 Section 96] The copyright in a published edition protects the typographical format of the edition, which is separate from any copyrights in the work recorded. Therefore, even if the copyright in the typographical format has expired, the distinct copyright in the text (which is a literary work) and in illustrations or photographs (which are artistic works) may still be subsisting.[5] Do not upload files containing such works unless another licence such as {{PD-SG-lifetimepub}} or {{PD-SG-photo}} is applicable.
  • A cinematograph film is in the public domain in the following situations:
    • If it was made before 10 April 1987.[63/2006-2018 Section 220]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 88,93]
  • A sound recording is in the public domain in the following situations:
    • If it was made before 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was made (that is, it was made before or in 1953).[63/2006-2018 Section 219(4)]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was first published.[63/2006-2018 Section 92]
  • A television broadcast, sound broadcast or cable programme is in the public domain in the following situations:
    • If the broadcast was made or the cable programme included in a cable programme service before 10 April 1987.[63/2006-2018 Section 222(a), 224]
    • If the broadcast was made or the cable programme included in a cable programme service on or after 10 April 1987 —
      • The television or sound broadcast is a repetition of a broadcast made before that date.[63/2006-2018 Section 222(b)]
      • 50 years have passed since the end of the calendar year in which the broadcast was first made or the cable programme was first included in a cable programme service.[63/2006-2018 Section 94,95]

Government works

Shortcut

See also: Commons:Government works

Under the Copyright Act (Chapter 63) as amended up to 2018,

  • A literary, dramatic or musical work made by or under the direction or control of the Government is in the public domain if 70 years have passed since the end of the calendar year in which the work was first published by or under the direction or control of the Government.[63/2006-2018 Section 197(3)(b)]
  • An artistic work made by or under the direction or control of the Government is in the public domain in the following situations:
    • If it is a photograph —
      • made before 10 April 1987, 70 years have passed since the end of the calendar year in which the work was made.[63/2006-2018 Section 197(4), 231]
      • made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 197(4A)]
    • If it is an engraving, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 197(4A)]
    • If it is an artistic work other than an engraving or a photograph, if 70 years have passed since the end of the calendar year in which the work was made.[63/2006-2018 Section 197(4)]
  • A cinematograph film made by or under the direction or control of the Government is in the public domain in the following situations:[63/2006-2018 Section 197(5)]
    • If it was made before 10 April 1987, it is an original dramatic work that is in the public domain, and photographs forming part of the film are also in the public domain (see the preceding paragraphs).[63/2006-2018 Section 233]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the work was first published.[63/2006-2018 Section 88,93]
  • A sound recording made by or under the direction or control of the Government is in the public domain in the following situations:[63/2006-2018 Section 197(5)]
    • If it was made before 10 April 1987, 70 years have passed since the expiration of the calendar year in which the recording was made.[63/2006-2018 Section 219(4), 232]
    • If it was made on or after 10 April 1987, 70 years have passed since the end of the calendar year in which the recording was first published.[63/2006-2018 Section 92]

Shortcut

See also: Commons:Copyright tags

  • {{FoP-Singapore}} – for a work that may be free under Singapore's freedom of panorama rules. A free license or public domain tag is also needed.

Currency

Shortcut

See also: Commons:Currency

  Not OK. The copyright in the designs of banknotes and coins is held by the Government of Singapore. The designs may be regarded either as engravings, or as artistic works other than engravings or photographs, made by or under the direction or control of the Government, and under the Copyright Act (Cap. 63, 2006 Rev. Ed.):

  • an engraving enters the public domain after 70 years have passed since the end of the calendar year in which the work was first published; and
  • an artistic work other than an engraving or a photograph enters the public domain after 70 years have passed since the end of the calendar year in which the work was made.

De minimis

Shortcut

See also: Commons:De minimis

Under section 10(1) of the Copyright Act (Cap. 63, 2006 Rev. Ed.) of Singapore, unless a contrary intention appears:

  • a reference to the doing of an act in relation to a work or other subject-matter shall be read as including a reference to the doing of that act in relation to a substantial part of the work or other subject-matter; and
  • a reference to a reproduction, adaptation or copy of a work shall be read as including a reference to a reproduction, adaptation or copy of a substantial part of the work, as the case may be.

Therefore, acts done in relation to insubstantial parts of a work or other subject-matter do not breach copyright.

Freedom of panorama

Shortcut

See also: Commons:Freedom of panorama

  •   OK for 3D objects and some 2D objects = {{FoP-Singapore}}
  •   Not OK for paintings, drawings, engravings, and photographs

Freedom of panorama is granted to several types of artistic works in public spaces by Section 265 of the Copyright Act 2021 (Act 22 of 2021). Subsection 1 of the section enumerates works eligible for the Singaporean freedom of panorama: buildings or models of buildings; sculptures situated "other than temporarily" in public spaces or "premises open to the public"; and works of artistic craftsmanship.

Subsection 2 allows publications of the aforementioned eligible works in paintings, drawings, photographs, engravings, films, and television broadcasts or cable programmes. With the exception of the last-mentioned type of representation, publications of such representations are only permitted if the representations are "made on or after 10 April 1987."[22/2021 Section 265(2)(b)(i) and (d)(i)]

If the paintings, drawings, engravings, and photographs of buildings, permanent sculptures, and/or works of artistic craftsmanship were made before that date, the law permits publications if "the making would have been a permitted use under paragraph (a) if this Act had been in operation at the time of the making."[22/2021 Section 265(2)(b)(ii)] Similar condition exists for films: "the making would have been a permitted use under paragraph (c) if this Act had been in operation at the time of the making."[22/2021 Section 265(2)(d)(ii)] Paragraph (a) states the following permitted use: "making a painting, a drawing, an engraving or a photograph of the work." For paragraph (c), "including the work in a film." See also Commons:Village pump/Copyright/Archive/2021/10#Singapore New Copyright Act Gazetted.

Section 20(1)(a) of the copyright law provides definitions for artistic works:

  • a painting, a sculpture, a drawing, an engraving or a photograph (whether the work is of artistic quality or not);[22/2021 Section 20(1)(a)(i)]
  • a building or a model of a building (whether the building or model is of artistic quality or not);[22/2021 Section 20(1)(a)(ii)]
  • a work of artistic craftsmanship to which neither sub-paragraph (i) nor (ii) applies[22/2021 Section 20(1)(a)(iii)]

This means that the Singaporean freedom of panorama does not apply to two-dimensional works such as billboards, posters and paintings in a gallery, even if these are permanently displayed in a public place. It does include some 2D works that are works of artistic craftsmanship, such as textiles.

For artistic works that are not eligible for the Singaporean freedom of panorama, incidental inclusion is provided through Section 266 of the law, but only "in a film, television broadcast or cable programme," not photographs.

Stamps

See also: Commons:Stamps

  All stamps are under the copyright of the Infocomm Development Authority of Singapore (IDA). No stamps may be reproduced without paying royalties to the IDA, if requested. According to Singapore's copyright law, stamps become public domain 70 years after the death of the engraver or 70 years after their issuance, if governmental work. Use {{PD-SG-artisticwork}}.

The Singapore Philatelic Museum has been appointed to administer approval for reproduction.[6]

Threshold of originality

Shortcut

See also: Commons:Threshold of originality


For logos

  Likely not OK for most logos. The level of originality required for copyright protection is presumably very low.

Because Singapore was a territory of the United Kingdom until 1963, Singapore law is modeled on UK law, and in the absence of any specific case law to the contrary it is reasonable to assume that the rules will be similar. See the United Kingdom for more details.

For buildings

Assume all Singaporean buildings as copyrighted, regardless of design or artistry involved. Copyright Act 2021 (Act 22 of 2021) explicitly considers all buildings as artistic works: a building or a model of a building (whether the building or model is of artistic quality or not).[22/2021 Section 20(1)(a)(ii)] Please use {{FoP-Singapore}} even to plain-looking Singaporean buildings instead of {{PD-structure|SGP}}.

See also

Citations

  1. ↑ a b Singapore Copyright and Related Rights (Neighboring Rights). WIPO: World Intellectual Property Organization (2018). Retrieved on 2018-11-08.
  2. ↑ Copyright Act 2021. Singapore. Retrieved on 2021-12-02.
  3. ↑ Copyright Act (Chapter 63) revised edition 2006. Singapore. Retrieved on 2018-11-11.
  4. ↑ Copyright Act (Chapter 63) (Revised Edition 2006, as amended up to the Intellectual Property (Border Enforcement) Act 2018). WIPO. Retrieved on 2019-01-28.
  5. ↑ Para. 2.40, George Wei (1989) The Law of Copyright in Singapore, Singapore: Singapore National Printers
  6. ↑ Stamps Copyright. Singapore Philatelic Museum. Retrieved on 2019-03-23.
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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