(1)A person who:
(a)makes for sale or hire,
(b)sells or lets for hire, or by way of trade offers or exposes for sale or hire,
(c)by way of trade exhibits in public,
(d)imports into Singapore, otherwise than for private and domestic use, or
(e)distributes for purposes of trade or for other purposes that affect prejudicially the owner of the copyright any article which he knows, or ought reasonably to know, to be an infringing copy of a copyrighted work.
(2)A person who makes or has in his possession a plate or similar contrivance for the purpose of making sound recordings or audio-visual productions in contravention of (1)(a) to (d) which he knows, or ought reasonably to know, that it is to be used for making infringing copies of a copyrighted work.
(3)A person who for his private profit causes a work to be performed in public, or causes a cinematograph film to be seen and/or heard in public, other than by the reception of a television broadcast or cable programme, where he knows, or ought reasonably to know, that copyright subsists in the work or cinematograph film and that the performance constitutes an infringement of the copyright.
Upon conviction in court, an offender is liable to be fined and/or imprisoned. This statutory offence is in addition to any civil proceedings for, amongst other things, an injunction, damages and costs.
This article is intended to provide a general guide to the subject matter and should NOT be treated as legal advice. Specific legal advice should be sought by you about your particular case and special circumstances.
For further information/enquiries, please contact:
Mr TAN Bok Hoay or Mr Simon SEOW Donaldson & Burkinshaw 24 Raffles Place #15-00 Clifford Centre Singapore 048621 SINGAPORE Tel: (65) 533 9422 Fax: (65) 533 7806
You may also wish to read through related material on Intellectual Property matters in Singapore provided by Donaldson & Burkinshaw. You can view the entire archive via the Internet on Business Monitor Online (http://www.businessmonitor.co.uk), or via your online provider by entering "Donaldson & Burkinshaw" and "Business Monitor" as a free text search.
