The Ministry of Law (“MinLaw“) and Intellectual Property Office of Singapore (“IPOS“) have effected key changes to the prescribed exceptions allowing users to circumvent access control measures for non-infringing uses from 1 January 2025. This follows a public consultation on the proposed exceptions held from 22 April 2024 to 2 June 2024.
By way of background, the Copyright Act 2021 (“CA“) prohibits users from circumventing technological measures that control access to copyright works or protected performances or from dealing in products or services that allow others to do so. However, there are legislated exceptions allowing users to circumvent access control measures for non-infringing uses. These include the prescribed exceptions mentioned in section 435 of the CA, which are regularly reviewed to ensure that they remain relevant in light of technological and market developments.
The previous prescribed exceptions in Part 6, Division 1 of the Copyright Regulations 2021 expired on 31 December 2024. Following the public consultation, MinLaw and IPOS have determined the following key changes:
- Among the existing exceptions, only Regulation 95 will be renewed (regarding circumvention of an access control measure that prevents text from being converted into accessible format). Its scope will be confined to circumvention for the purpose of a dealing in circumstances that constitute a permitted use under any provision in Division 4 of Part 5 of the CA.
- Two new prescribed exceptions will be introduced. The first allows circumvention of an access control measure that has been applied to a protected copy of any material listed in section 232(1) of the CA, for the purpose of making a copy of the relevant material in circumstances that constitute a permitted use under that section.
- The second new prescribed exception allows circumvention of an access control measure that has been applied to a protected copy of any material listed in section 233(1) of the CA, for the purpose of making a copy of or communicating the relevant material in circumstances that constitute a permitted use under that section.
The above exceptions are prescribed in a new subsidiary legislation, the Copyright (Access Control Measures – Prescribed Exceptions) Regulations 2024, which will be in force from 1 January 2025 and 31 December 2028.
Click on the following links for more information:
- Summary of Key Changes to Prescribed Exceptions in Part 6, Division 1 of Copyright Regulations 2021 (available on the MinLaw website at mlaw.gov.sg)
- Copyright (Access Control Measures – Prescribed Exceptions) Regulations 2024 (available on the Singapore Statutes Online website at sso.agc.gov.sg)
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