Copyright (Collective Management Organisations) Regulations 2023

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1 Citation and commencement

3 Meanings of "representation agreement" and "partner collecting society"; partner collecting societies not to be regarded as CMO members

5 Establishment of class licence

6 CMO must offer non-exclusive membership

7 Membership must be based on written agreement

8 Membership agreement to specify certain matters

9 Membership agreement to incorporate membership, distribution and dispute resolution policies

10 CMO must establish membership policy

11 Members must approve amendments to membership policy

12 Membership criteria

13 Specifying members’ rights to use, and waive tariff collection for, own portfolio

14 Members may vary or terminate grants of rights to CMO

15 Members to be informed

16 Procedure for general meetings of members

18 CMO must distribute tariffs, etc., according to distribution policy

19 Members must approve amendments to distribution policy

20 Calculation of total amount to be distributed

21 Calculation of amount to be distributed to each member

22 Ordinary frequency and manner of distribution

23 Dealing with monies that CMO is unable to distribute

24 CMO must collect usage information

25 Information to members about usage of portfolios and distributions of tariffs

26 Opportunity to question basis of distribution

28 CMO must deal with disputes with members and users in accordance with dispute resolution policy

29 Members must approve amendments to dispute resolution policy

30 Matters to be provided for in dispute resolution policy

32 Direction to mediate

33 Governance requirements

34 CMO must keep financial records

35 CMO must allow inspection of financial records

36 CMO must make transparency report

37 CMO must set up website

38 CMO must publish detailed information about portfolio

39 CMOs may publish less detailed information if users are indemnified

40 CMO must provide confirmation and proof about portfolio

41 CMO must publish other key information and documents

42 Email for service

43 Power to require documents and information

45 Notice of intention to take regulatory action

46 Time for making representations, etc.

47 How to make representations

48 Fact finding, etc.

49 Summary rejection in certain cases

50 Notice of decision

52 Notice of right to apply for reconsideration

53 Time for making reconsideration application

54 How to make reconsideration application

55 Fact finding, etc.

56 Withdrawal of reconsideration application

57 Time for deciding on reconsideration application

58 Summary confirmation of original decision in certain cases

59 Notice of reconsidered decision

63 Fact finding, etc.

64 Withdrawal of appeal

65 Summary confirmation of decision in certain cases

66 Notice of decision on appeal

67 Service of documents by IPOS on CMOs

68 Submission of documents to IPOS

69 Submission of documents to Minister under Division 4 of Part 4

71 Waiver, etc., of fees

No. S 704

In exercise of the powers conferred by section 505 of the Copyright Act 2021, the Minister for Law makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1. These Regulations are the Copyright (Collective Management Organisations) Regulations 2023 and come into operation on 1 May 2024.

Definitions

2.—(1) In these Regulations —

“cessation order” means a cessation order made under section 465;

“CMO” has the meaning given by section 459 as modified by regulation 4;

“exclusive”, in relation to a membership agreement between a CMO and a member, means a membership agreement under which —

(a)	the CMO becomes the rights owner of the member’s portfolio;
(b)	the CMO is granted an exclusive licence or exclusive authority (as the case may be) to give permission to use the member’s portfolio;
(c)	the CMO becomes the exclusive agent of the member in managing the member’s portfolio; or
(d)	the CMO is granted other exclusive rights in relation to the management of the member’s portfolio,

and “non-exclusive” has a corresponding meaning;

“financial penalty” means a financial penalty imposed under section 463;

“financial year”, in relation to a CMO, means a financial year of the CMO;

“key officer”, in relation to a CMO, means an individual who —

(a)	is or purports to be involved in the management of the business of the CMO; or
(b)	sits or purports to sit on the board of directors, executive committee or any other management committee of the CMO;

“members”, in relation to a CMO, has the meaning given by regulation 3(2);

“partner collecting society”, in relation to a CMO, has the meaning given by regulation 3(1)(a);

“permission” has the meaning given by section 458;

“portfolio” means —

(a)

in relation to a CMO — the works and performances collectively managed by the CMO (whether as the rights owner or with the authority of the rights owners) —

(i)	for the collective benefit of its members; or
(ii)	under a representation agreement; and

(b)

in relation to a member of a CMO — the works and performances managed by the CMO under the membership agreement between the CMO and the member;

“regulatory action” means a financial penalty, regulatory direction or cessation order;

“regulatory direction” means a direction given under section 464;

“representation agreement” has the meaning given by regulation 3(1)(b);

“tariff” means any sum (however named) paid to a CMO for permission to use the whole or any part of its portfolio, whether under a tariff scheme or otherwise;

“user”, in relation to a CMO, means a person who has been granted permission by the CMO to use the whole or any part of the CMO’s portfolio, whether under a tariff scheme or otherwise;

“website”, in relation to a CMO, means the website that the CMO is required to set up and maintain under regulation 37.

(2) A reference to a section in these Regulations is a reference to a section of the Act.

Meanings of “representation agreement” and “partner collecting society”; partner collecting societies not to be regarded as CMO members

3.—(1) In these Regulations —

(a)	“partner collecting society”, in relation to a CMO, means a person who is in a representation agreement with the CMO (whether as the authorising party or the authorised party); and
(b)	“representation agreement” means an agreement under which party X (the authorising party), who is managing the use of works or performances on behalf of other persons, authorises party Y (the authorised party) to manage the use of those works or performances.

(2) In these Regulations, “members”, in relation to a CMO, means the authors, makers, publishers, performers and rights owners mentioned in section 459(1)(c)(ii), but not —

(a)	the CMO itself;
(b)	the CMO’s partner collecting societies; and
(c)	the authors, makers, publishers, performers and rights owners whose works or performances are managed by the CMO only by virtue of a representation agreement.

Made on 30 October 2023.

LUKE GOH

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 44/001; AG/ LEGIS/SL/63/2020/9 Vol. 1]

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