Section 2

in the First Schedule, includes works of painting, drawing, sculpture (including casts and models) and artistic craftsmanship, and architectural works of art, and engravings and photographs;

elsewhere in this Order, shall be construed in accordance with section 6, but does not include a layout design or an integrated circuit as respectively defined in section 2 of the Emergency (Layout Designs) Order, 1999;

“assignment” means assignment by act of the parties;

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“author”, in relation to a work, shall be construed in accordance with subsection

“broadcast” shall be construed in accordance with subsection (1) of section 8;

“building” shall be construed in accordance with section 6;

“business” includes any trade or profession;

“cable programme” shall be construed in accordance with subsection (1) of section 9;

“cable programme service” shall be construed in accordance with section 9;

“claimant”, in sections 109, 110, 112, 113 and 116, means a person who has given a notice under subsection (1) of section 109;

“collective work” means –

a work of joint authorship; or

a work in which there are distinct contributions by different authors or in which works or parts of works of different authors are incorporated;

“commencement” means the day appointed for the commencement of this

Order;

“commercial publication”, in relation to a literary, dramatic, musical or artistic work, shall be construed in accordance with section 178;

“computer program” means an expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended, either directly or after either or both of the following –

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the conversion to another language, code or notation;

the reproduction in a different material form, to cause a device having information-processing capabilities to perform a particular function;

“computer-generated”, in relation to a work, means that the work is generated by computer in circumstances such that there is no human author of the work;

“controller of Customs” means the Controller of Customs for the purposes of the Customs Order, 2006 (S 39/2006);

“copy”, in Part I, shall be construed in accordance with section 19;

“copyright owner” shall (depending on the context) be construed in accordance with subsections (4) or (5) of this section, subsection (2) of section 103, or in accordance with such other provision of this Order as the circumstances may require;

“Copyright Tribunal” means the tribunal established by subsection (1) of section 154;

“copyright work” shall be construed in accordance with subsection (2) of section 3;

“country” includes any territory;

“court” means the High Court or an Intermediate Court;

“customs control” has the same meaning as in subsection (2) of section 2 of the Customs Order, 2006 (S 39/2006);

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“dramatic work” –

in the First Schedule, includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise, and any cinematograph production where the arrangement or acting form or the combination of incidents represented give the work an original character;

elsewhere in this Order, shall be construed in accordance with subsection (1) of section 5;

“educational establishment” shall be construed in accordance with subsection (1) of section 177;

“electronic” means actuated by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy;

“employment” refers to employment under a contract of service or of apprenticeship;

“engravings”, in the First Schedule, includes etchings, lithographs, woodcuts, prints and other similar works, not being photographs;

“exclusive licence” has the same meaning as in subsection (1) of section 95;

“exclusive recording contract” shall be construed in accordance with subsection (1) of section 189;

“existing work”, in the First Schedule, refers to a work made before commencement; and for this purpose a work of which the making extended over a period shall be taken to have been made when its making was completed;

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“facsimile copy” includes a copy which is reduced or enlarged in scale;

“film” shall be construed in accordance with subsection (1) of section 7;

“future copyright”, in Part I, shall be construed in accordance with subsection

“Government copyright” shall be construed in accordance with subsection

“graphic work” shall be construed in accordance with section 6;

“illicit recording”, in relation to a performance, shall be construed in accordance with section 201;

“in electronic form” means in a form usable only by electronic means;

“infringing article” has the same meaning as in section 86;

“infringing copy”, in relation to a copyright work, shall be construed in accordance with section 31;

“international organisation” means an organisation of which the government or governments of one or more countries are members;

“judicial proceedings” includes proceedings before any court, tribunal or person having authority to decide any matter affecting a person’s legal rights or obligations;

“Legislative Council copyright” shall be construed in accordance with subsection (2) of section 169;

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“licence”, in sections 129, 130 and 132, means a licence of any of the descriptions mentioned in section 128;

“licensing body” has the same meaning as in subsection (2) of section 120;

“licensing scheme”, subject to section 121, has the same meaning as in subsection (1) of section 120;

“literary work” –

in the First Schedule, includes maps, charts, plans, tables and compilations;

elsewhere in this Order, shall be construed in accordance with subsection (1) of section 5;

“musical work” shall be construed in accordance with subsection (1) of section 5;

“officer of customs” has the same meaning as in subsection (1) of section 2

of the Customs Act;

“owner of copyright” has the same meaning as “copyright owner”;

“performance” shall be construed –

in Part I in relation to a work, in accordance with subsection (2)

of section 21;

in Part II, in accordance with subsection (2) of section 180;

“photograph” shall be construed in accordance with section 6;

“prospective owner”, in Part I, shall be construed in accordance with subsection (2) of section 94;

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“publication”, in relation to a work, shall be construed in accordance with section 178;

“published edition”, in the context of copyright in the typographical arrangement of a published work, shall be construed in accordance with subsection (1) of section 10;

“qualifying performance”, in Part II, shall be construed in accordance with section 181;

“qualifying person”, in Part II, means a person to whom that Part applies;

“recording”, in Part II in relation to a performance, shall be construed in accordance with section 180;

“rental” means any arrangement under which a copy of a work is made available –

for payment in money or money’s worth; or

in the course of a business, as part of services or amenities for which payment is made, on terms that it will or may be returned;

“reprographic copying” refers to copying by means of a reprographic process;

“reprographic process” means a process –

for making facsimile copies; or

involving the use of an applicance for making multiple copies;

and includes, in relation to a work held in electronic form, any copying by electronic means, but does not include the making of a film or sound recording;

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“sculpture” shall be construed in accordance with section 6;

“sound recording” –

in sections 140, 142 and 144, does not include a film sound-track when accompanying a film;

elsewhere in this Order, shall be construed in accordance with subsection (1) of section 7;

“sufficient acknowledgement” means an acknowledgement identifying a work by its title or other description, and identifying the author, unless –

in the case of a published work, it is published anonymously;

in the case of an unpublished work, it is not possible for a person to ascertain the identity of the author by reasonable inquiry;

“sufficient disclaimer”, in relation to an act capable of infringing the right conferred by subsection (1) of section 83, means a clear and reasonably prominent indication –

given at the time of the act; and

if the author or director is then identified, appearing along with the identification, that the work has been subjected to treatment to which the author or director has not consented;

“telecommunications system” means a system for conveying visual images, sounds or other information by electronic means;

“terms of payment”, in sections 141, 142, 143 and 146, means terms as to payment for including sound recordings in a broadcast or cable programme service;

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“transmission” means transfer by operation of law, devolution on the personal representative of a deceased person, or any other mode of transfer other than an assignment;

“typeface” includes an ornamental motif used in printing;

“unauthorised”, as regards anything done in relation to a work, means done otherwise than –

“wireless telegraphy” means the sending of electromagnetic energy over paths not provided by a material substance constructed or arranged for that purpose;

“work of joint authorship” shall be construed in accordance with subsection

“work of unknown authorship” shall be construed in accordance with subsection (4) of section 11;

“writing” includes any form of notation or code, whether by hand or otherwise and regardless of the method by which, or medium in or on which, it is recorded.

the person entitled to the copyright in respect of its application to the making of an article of that description in the country where it was made;

or

if there is no person entitled to the copyright in respect of its application to the making of an article of that description in the country where it was made, the person entitled to the copyright in respect of that application in

Brunei Darussalam, and the making of the article shall be deemed to have been carried out with the consent of that owner if, after disregarding all conditions as to the sale, distribution or other dealings in the article after its making, the article was made with his licence

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