Copyright (International Protection) (Amendment) Regulations 1998

No. S 225

(Chapter 63)

In exercise of the powers conferred by sections 184 and 202 of the Copyright Act, the Minister for Law hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Copyright (International Protection) (Amendment) Regulations 1998 and shall come into operation on 16th April 1998.

Amendment of regulation 2

2. Regulation 2 of the Copyright (International Protection) Regulations (Rg 2) (referred to in these Regulations as the principal Regulations) is amended by inserting, immediately after the definition of “country of origin”, the following definition:

“ “performance” means a live performance of a kind referred to in paragraph (a), (b), (c), (d) or (e) of the definition of “performance” in section 246(1) of the Act but does not include a performance of a kind referred to in section 246(2) of the Act;”.

Amendment of regulation 3

3. Regulation 3 of the principal Regulations is amended —

(a)

by deleting the words “sound recordings and” in the first line of paragraph (1)(b);

(b)

by deleting the words “and sound recordings” in the thirteenth line of paragraph (1);

(c)

by inserting, immediately after paragraph (1), the following paragraph:

“(1A) Subject to these Regulations, the Act shall apply in relation to sound recordings made or first published in a country that constitutes, or forms part of, the territory of a country specified in Part I of the Schedule, in like manner as those provisions shall apply in relation to sound recordings made or first published in Singapore.”; and

(d)

by inserting, immediately after paragraph (6), the following paragraph:

“(7) Part XII of the Act shall apply to the following performances:

(a)	a performance by a performer who is a citizen or national of, or resident in, a country that constitutes, or forms part of, the territory of a country specified in Part I of the Schedule; and
(b)	a performance given in a country that constitutes, or forms part of, the territory of a country specified in Part I of the Schedule.”.

Amendment of regulation 8

4. Regulation 8(2) of the principal Regulations is amended by deleting the words “, or adds the name of a country at the end of,” in sub-paragraph (a).

New regulation 8A

5. The principal Regulations are amended by inserting, immediately after regulation 8, the following regulation:

“Protection of existing rights in relation to performances

8A.—(1) Where a person has, at any time 16th April 1998, taken action whereby he has incurred expenditure or liability —

(a)	in connection with the doing of any act in relation to a performance in a manner that at that time was lawful; or
(b)	for the purpose of or with a view to the doing of any act in relation to a performance at a time when the doing of that act would, but for the making of the Copyright (International Protection) (Amendment) Regulations 1998 (G.N. No. S 225/98), have been lawful,

nothing in these Regulations shall diminish or prejudice any right or interest arising from or in connection with that action that is subsisting and valuable immediately before that date unless the performer of the performance agrees to pay to the person such compensation as is reasonable in the circumstances.

(2) Where —

(a)

an amendment of these Regulations inserts the name of a country in the Schedule; and

(b)

a person has, at any time before the date on which the amendment comes into operation, taken action whereby he has incurred expenditure or liability in connection with the doing of an act in relation to a performance in a manner that at the time was lawful, or for the purpose of or with a view to the doing of any act in relation to a performance at a time when the doing of that act would, but for the amendment, have been lawful,

nothing in these Regulations shall diminish or prejudice any right or interest arising in connection with that action that is subsisting and valuable immediately before the date on which the amendment comes into operation unless the performer of the performance agrees to pay to the person such compensation as is reasonable in the circumstances.”.

Amendment of Schedule

5. The Schedule to the principal Regulations is amended —

(a)

by inserting, immediately below the words “THE SCHEDULE”, the following words:

“Part I

Members of the World Trade Organisation”; and

(b)

by inserting, immediately after Part I, the following Part:

“Part II

States Party to the Berne Convention for the Protection of Literary and Artistic Works which are not members of the World Trade Organisation

State

Albania

Algeria

Bahamas

Belarus

Bosnia and Herzegovina

Cape Verde

China

Croatia

Equatorial Guinea

Estonia

Georgia

Holy See

Larvia

Lebanon

Liberia

Libya

Lithuania

Monaco

Republic of Moldova

Russian Federation

The former Yugoslav Republic of Macedonia

Ukraine

Yugoslavia

”.

[G.N. Nos. S 486/96; S 120/97; S 299/97]

Made this 6th day of April 1998.

GOH KIM LEONG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 06/020/008 V5; AG/LEG/SL/63/96/1 Vol. 1]

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