Other Legislation related to Copyright Matters
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In Singapore, other laws not related to copyright operate to deter parties from using equipment for the legitimate manufacture of optical discs for the purposes of piracy.
The manufacture of optical discs, (i.e. CDs,VCDs, CD-ROMs, DVD-ROMs,) and importation of replication and mastering equipment for optical discs are regulated by the Manufacture of Optical Discs Act (Cap. 170C, 2005 Rev. Ed.) and the Regulation of Imports and Exports Act (Cap. 272A, 1996 Rev. Ed.) respectively.
The Manufacture of Optical Discs Act is administered by the Economic Development Board (EDB).
Under section 4 of the Manufacture of Optical Discs Act, no party shall engage in the manufacture for sale or other commercial purpose of any CDs,VCDs, CD-ROMs, DVD-ROMs in any place except under the authority, and in accordance with the terms and conditions of a licence.
The manufacture of optical discs without a licence is an offence. Upon conviction, the following penalties will apply:
- a body corporate will be liable to pay a fine not exceeding $200,000; and, in the case of a second or subsequent offence, to a fine not exceeding $400,000;
- and in any other case, a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent offence, a fine not exceeding $200,000 or to imprisonment for a term not exceeding two years or to both1.
Any party may apply to the Registrar of Optical Discs to obtain a licence to manufacture optical discs. The Registrar may grant a licence containing such terms and conditions as he thinks fit to the party and assign a manufacturer’s code2.
In addition, any party who wishes to import replication and mastering equipment for manufacture of optical discs must obtain a permit from the Director General of Customs to do so3. Any party who imports without a permit shall be guilty of an offence.
The penalties for a first conviction are a fine not exceeding $100,000 or three times the value of the goods in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding two years or to both.
For a second or subsequent conviction, the penalties are a fine not exceeding $200,000 or four times the value of the goods in respect of which the offence was committed, whichever is the greater, or to imprisonment for a term not exceeding three years or to both.
To deter false declarations of trade descriptions of goods by persons who wish to avoid obtaining a licence to import replication and mastering equipment for optical discs, section 28A of the Regulation of Imports and Exports Act provides that any person who imports, exports or tranships any goods and
- applies or causes to be applied to such goods an incorrect trade description; or
- has in his possession for sale or for any purpose of trade any such goods to which an incorrect trade description has been applied,
shall be guilty of an offence. The penalties for a first conviction are a fine not exceeding $100,000/- or up to three times value of goods, whichever is greater and/or imprisonment for up to two years. For a second conviction, the fine payable shall not exceed $200,000/- or up to four times value of goods, whichever is greater and/or imprisonment for up to three years.
For the full text of the above statutes, please see the following link.
1Section 22 of the Manufacture of Optical Discs Act (Cap. 170C, 2005 Rev. Ed.)
2Section 7 of the Manufacture of Optical Discs Act (Cap. 170C, 2005 Rev. Ed.).
3Regulation 3, Regulation of Imports and Exports Regulations (1999 Rev. Ed.).
The regulation also covers export and transshipment. |
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