Division 1 — Education and educational institutions
Section 198 — prescribed record of permitted use
31.—(1)  This regulation prescribes the record required to be made under section 198(2)(e).
(2)  In all cases, the record must —
(a)be in writing;
(b)state the date on which the record is made; and
(c)be signed by the person making the record.
(3)  In the case of an authorial work (being an article in a periodical publication), the record must state all the following particulars:
(a)if the periodical publication states its ISSN — the ISSN;
(b)if sub‑paragraph (a) does not apply — the name of the periodical publication;
(c)the title (if any) of the article;
(d)if the article has no title, a description of the article that will enable the article to be identified;
(e)the name of the author of the article (if the article has an identified author);
(f)the volume, or the volume and number (as the case may be), of the periodical publication;
(g)the page numbers (if any) of the pages in that volume, or in that number of that volume, that have been copied or communicated;
(h)to the extent that the pages copied or communicated do not bear a page number — a description of those pages that will enable them to be identified;
(i)the date on which the copy or communication was made;
(j)the number of copies made or the number of persons to whom the communication was made, as the case may be.
(4)  In the case of an authorial work (not being an article in a periodical publication), the record must state all the following particulars:
(a)if the edition of the work that was copied or communicated states its ISBN — the ISBN;
(b)if sub‑paragraph (a) does not apply —
(i)the title (if any) of the work;
(ii)if the work has no title, a description of the work that will enable the work to be identified;
(iii)the name of the publisher of the edition of the work that was copied or communicated; and
(iv)the name of the author of the work (if the work has an identified author);
(c)the page numbers (if any) of the pages in the edition of the work that were copied or communicated;
(d)to the extent that the pages copied or communicated do not bear a page number — a description of those pages that will enable them to be identified;
(e)if the work is contained in a published edition in an electronic form — the total number of bytes in the edition that have been copied or communicated;
(f)the date on which the copy or communication was made;
(g)the number of copies made or the number of persons to whom the communication was made, as the case may be.
(5)  In the case of a recording of a protected performance, the record must state all the following particulars:
(a)the title (if any) of the performance;
(b)if the performance has no title, a description of the performance that will enable the performance to be identified;
(c)the name of the performer (unless the name is not generally known or known to the person making the record, and could not reasonably be ascertained by that person);
(d)the duration of the entire recording;
(e)a description of the part of the recording that is copied or communicated (for example, the first 2 minutes of the recording), which description must enable that part to be identified;
(f)the date on which the copy or communication was made;
(g)the number of copies made or the number of persons to whom the communication was made, as the case may be.
(6)  For the purposes of paragraphs (3)(j), (4)(g) and (5)(g), where —
(a)a copy is made in electronic form on, or a communication is made on, a network operated or controlled by an educational institution;
(b)the copy or communication is made to enable persons undertaking a course of education provided by that or another educational institution to access the authorial work or recording of the protected performance; and
(c)the number of copies made, or the number of persons to whom the communication was made, cannot reasonably be ascertained,
the number of copies made, or the number of persons to whom the communication is made, is taken to be equal to the number of students enrolled in that course of education.
(7)  For the purposes of this regulation and section 198(2)(e), where a record of a communication is made —
(a)the record is deemed to also be a record of the making of a temporary copy as part of the technical process of making or receiving the communication; and
(b)a separate record is not required for the making of the temporary copy.
Sections 198 and 199 — retention of records; record‑keeping offence
32.—(1)  This regulation prescribes offences —
(a)in relation to the keeping of records under section 198(2)(e); and
(b)for the purposes of the definition of “record‑keeping offence” in section 199(6).
(2)  A record made by or on behalf of the body administering an educational institution under section 198(2)(e) must be retained by that body for 4 years after the date of the permitted use in respect of which the record was made.
(3)  Subject to paragraph (4), if paragraph (2) is not complied with, the following persons shall each be guilty of an offence:
(a)the body administering the educational institution;
(b)the administrator of the institution.
(4)  It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (2) is complied with.
(5)  A person convicted of an offence under paragraph (3) shall be liable on conviction to a fine not exceeding $1,000.
(6)  An offence under paragraph (3) is a prescribed offence for the purposes of the definition of “record‑keeping offence” in section 199(6).
(7)  In this regulation, “administrator” has the meaning given by section 199(6).
Section 198 — arrangement of retained records
33.—(1)  This regulation applies to every record (being a record relating to an authorial work) retained under regulation 32.
(2)  The records to which this regulation applies must be arranged in a way that enables records relating to authorial works by the same author to be inspected without having to inspect other records.
(3)  The following persons are responsible for ensuring that paragraph (2) is complied with:
(a)the body administering the educational institution;
(b)the administrator of the institution.
Section 198 — inspection of retained records
34.—(1)  A rights owner may, by written notice to the administrator or an authorised officer of an educational institution, request to do one or more of the following:
(a)inspect all records retained by the institution under regulation 32;
(b)inspect those records to the extent that they relate to authorial works by a specified author;
(c)inspect those records to the extent that they relate to protected performances or a specified class of works.
(2)  A notice under paragraph (1) must specify the date on which the rights owner wishes to make the inspection.
(3)  The date specified must —
(a)be an ordinary working day for the educational institution; and
(b)fall 7 or more days after the date on which the notice is given.
(4)  A rights owner who gives notice under paragraph (1) may —
(a)inspect the specified records on the specified date; and
(b)for that purpose, enter the premises of the educational institution on that date and during the business hours of the institution (but no earlier than 10 a.m. and no later than 3 p.m.).
(5)  The educational institution must provide all reasonable facilities and assistance for a rights owner to exercise the rights under this regulation.
(6)  In this regulation, a reference to a rights owner includes a reference to an agent of a rights owner.
Section 198 — prescribed time for requesting equitable remuneration
35.  A request for the purposes of section 198(4)(a) must be made within 4 years after the relevant copy or communication is made.
Section 204 — prescribed platform
36.  The Singapore Student Learning Space (being a platform operated by the Ministry of Education) is prescribed as a platform for the purposes of section 204(2)(f)(ii).