Copyright (Collective Management Organisations) Regulations 2023

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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