6.—(1) If, within 7 days of the date of the notice given in accordance with regulation 4, the owner of the copyright informs the manufacturer, by notice in writing sent by registered post, of some convenient place in Singapore from which adhesive labels can be obtained, the manufacturer shall by notice in writing specify the number and denomination of the labels he requires and at the same time tender a sum equivalent to the amount of royalty represented by the labels required.(2) If, within 7 days of receipt of the notice required by paragraph (1) to be given by the manufacturer, the copyright owner supplies the labels required, the manufacturer shall not —(a) | deliver to a purchaser; or | (b) | otherwise supply for the purpose of its being sold by retail, |
any record made by him to which the notice prescribed in regulation 4 refers unless there is attached — |
(i) | to the record; or | (ii) | if the type of record is such that it is not reasonably practicable to attach an adhesive label to it, to the container in which the record is intended to be delivered to a retail purchaser, |
a label of a kind referred to in this regulation purchased from the copyright owner. |
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(3) Where the owner of the copyright in a musical work makes available, for purchase by manufacturers of records of that work, labels of a kind referred to in this regulation, the affixing to a record of that work or the container of the record in accordance with this regulation of the label or labels purchased from the owner of the copyright shall, for the purposes of section 56(3)(b) of the Act, be deemed to constitute payment, in respect of that record, of the royalty referred to in section 56(1)(d). |
(4) The label or labels shall be affixed to the record, or to the container of the record, before the record is sold or supplied by the manufacturer. |
(5) Subject to any agreement to the contrary between the owner of the copyright and the manufacturer, the label or labels shall specify an amount that is, or amounts that in the aggregate are, equal to the royalty payable to the owner of the copyright in respect of the record of the work. |
(6) A label shall be an adhesive paper label, square in shape, bearing a design enclosed within a circle and having a side of not more than 12 millimetres in length. |
(7) A label —(a) | shall not be in a form that resembles a postage stamp; and | (b) | shall not bear —(i) | an effigy of any person; or | (ii) | any word, mark or design of such a nature as to suggest that the label was issued by, or under the authority of the Government for the purpose of specifying a tax payable to the Government. |
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(8) For the purposes of this regulation, “the date of the notice given in accordance with regulation 4” means —(a) | in cases where the notice is required to be sent by registered post, the date on which the notice would in the ordinary course of post be delivered; or | (b) | in cases where the notice is required to be advertised in the Gazette, the date of such advertisement. |
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