Abstract:
There is scant academic literature and virtually no case law on fair dealing, a significantly underexplored and underdeveloped area of copyright law, in Singapore. The goal of this article is to propose a workable interpretation of s 35(2) of the Copyright Act (Cap 63, 2006 Rev Ed) that is consonant with global developments and Singapore’s own policy imperatives. Due in part to the historical connection of Singapore’s Copyright Act to its Commonwealth counterparts, and in part to the striking similarity in the text of s 35(2) to the US fair use legislative provision, the authors argue that fair dealing in Singapore should draw on appropriate elements from Australian, UK and US jurisprudence. Ultimately, since Singapore’s fair dealing provision must be shaped by prevailing local circumstances and by its sociolegal context, the autochthonous approach gives effect to Singapore’s legislative objectives of creating an environment conducive to the development of creative works, and also facilitating greater investment, research and development in copyright industries.