Copyright (Flagrantly Infringing Online Location) Regulations 2014

No. S 802

(CHAPTER 63)

In exercise of the powers conferred by sections 193DE and 252CE 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 (Flagrantly Infringing Online Location) Regulations 2014 and shall come into operation on 10 December 2014.

Definitions

2. In these Regulations, unless the context otherwise requires —

“material” has the same meaning as in section 193A(1) of the Act;

“notice of application” means a notice under section 193DDB(2) or 252CDB(2) of the Act;

“performance” has the same meaning as in section 246(1) of the Act;

“relevant online location owner” means the owner of the online location that is intended to be the subject of an order under section 193DDA(1) or 252CDA(1) of the Act;

“take‑down notice” means a notice to the owner of an online location for the purposes of section 193DDB(1)(a) or 252CDB(1)(a) of the Act.

Prescribed period to take down

3.—(1) For the purposes of section 193DDB(1)(a) of the Act, the prescribed period is a period of 14 days after the date of a notice under section 193DDB(1)(a) of the Act.

(2) For the purposes of section 252CDB(1)(a) of the Act, the prescribed period is a period of 14 days after the date of a notice under section 252CDB(1)(a) of the Act.

Notice under section 193DDB(1) or 252CDB(1) of Act

4.—(1) A notice under section 193DDB(1)(a) or 252CDB(1)(a) of the Act must be in accordance with or substantially in accordance with Form A set out in the Schedule.

(2) A notice under section 193DDB(1)(b) or 252CDB(1)(b) of the Act must be in accordance with or substantially in accordance with Form B set out in the Schedule.

Reasonable efforts

5.—(1) For the purposes of section 193DDB(3) or 252CDB(3) of the Act, the High Court is to have regard to and give such weight as the High Court considers appropriate to the matters in paragraph (2) in determining whether a plaintiff has made reasonable efforts —

(a)	to determine the identity or address of a relevant online location owner; or
(b)	to send any take‑down notice and notice of application to the relevant online location owner.

(2) The matters are —

(a)

whether the plaintiff has searched for the identity or address of the relevant online location owner from the online location, publicly available domain registry and social media, and, where the identity or address can be found, has sent the take‑down notice and notice of application to the owner using an appropriate method of communication, such as mail, electronic mail, or social media;

(b)

whether the plaintiff has used any contact form found on the online location to convey the take‑down notice and notice of application to the relevant online location owner;

(c)

whether the plaintiff has requested the Internet web host of the online location or the registrar or registry of the online location’s domain name —

(i)	to search for the contact details of the relevant online location owner and where the contact details can be obtained, to send the take‑down notice and notice of application to the owner using an appropriate method, such as mail, electronic mail, or social media; or
(ii)	to request the web host or domain name registrar of the online location to forward the take‑down notice and notice of application to the relevant online location owner; and

(d)

whether the plaintiff has checked with the site administrator, forum moderator or other possible points of contact on the online location for the contact details of the relevant online location owner.

(3) To avoid doubt, the High Court is not confined to consideration of matters specified in paragraph (2) and may take into account such other matters and evidence as may be relevant.

Made on 9 December 2014.

NG HOW YUE

Permanent Secretary,
Ministry of Law,
Singapore.

[Agency FRN; AG/LLRD/SL/63/2012/4 Vol. 1]

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