PART 4 | 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). |
| Division 2 — Persons with print disabilities |
| Sections 211, 212 and 213 — prescribed record of permitted use |
37.—(1) This regulation prescribes the record required to be made under sections 211(2)(i), 212(2)(f) and 213(2)(f).(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 a literary work, a dramatic work or an artistic work, the record must state all the following particulars:| (a) | if the edition of the work from which the accessible format copy was made 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 from which the accessible format copy was made; and | | (iv) | the name of the author of the work (if the work has an identified author); |
| | (c) | the date on which the accessible format copy was made, distributed, made available or received; | | (d) | the number of accessible format copies made, distributed, made available or received. |
|
(4) In the case of any other work, the record must state all the following particulars:| (a) | the title (if any) of the work; | | (b) | if the work has no title, a description of the work that will enable the work to be identified; | | (c) | in the case of a sound recording or sound broadcast of an edition of a book that states its ISBN — the ISBN; | | (d) | the date on which the accessible format copy was made, distributed, made available or received; | | (e) | the number of accessible format copies made, distributed, made available or received. |
|
(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 was included in the accessible format copy (for example, the first 2 minutes of the recording), which description must enable that part to be identified; | | (f) | the date on which the accessible format copy was made, distributed, made available or received; | | (g) | the number of accessible format copies made, distributed, made available or received. |
|
|
| Sections 211, 212 and 213 — retention of records |
38.—(1) A record made under section 211(2)(i), 212(2)(f) or 213(2)(f) by or on behalf of the body administering an institution aiding persons with print disabilities or an educational institution must be retained —| (a) | by the body administering the institution aiding persons with print disabilities or the educational institution, as the case may be; and | | (b) | for 4 years after the date of the permitted use in respect of which the record was made. |
(2) Subject to paragraph (3), if paragraph (1) is not complied with, the following persons shall each be guilty of an offence:| (a) | the body administering the institution aiding persons with print disabilities or the educational institution, as the case may be; | | (b) | the administrator of the institution. |
|
| (3) It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (1) is complied with. |
| (4) A person convicted of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $1,000. |
|
| Sections 211, 212 and 213 — arrangement of retained records |
39.—(1) This regulation applies to every record (being a record relating to an authorial work) retained under regulation 38.| (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 institution aiding persons with print disabilities or the educational institution, as the case may be; | | (b) | the administrator of the institution. |
|
|
| Sections 211, 212 and 213 — inspection of retained records |
40.—(1) The rights owner of any relevant material (as defined in section 206) may, by written notice to the administrator or an authorised officer of an institution aiding persons with print disabilities or an educational institution, request to do one or more of the following:| (a) | inspect all records retained by the institution under regulation 38; | | (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 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 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 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. |
|
| Division 3 — Persons with intellectual disabilities |
| Section 217 — prescribed record of permitted use |
41.—(1) This regulation prescribes the record required to be made under section 217(2)(f).(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; | | (h) | to the extent that the pages copied 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 was made; | | (j) | the form in which the copy was made. |
|
(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 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; 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; | | (d) | to the extent that the pages copied do not bear a page number — a description of those pages that will enable them to be identified; | | (e) | the date on which the copy was made; | | (f) | the form in which the copy was made. |
|
|
| Section 217 — prescribed time for requesting equitable remuneration |
| 42. A request for the purposes of section 217(3) must be made within 4 years after the date on which the relevant copy is made. |
| Section 217 — retention of records |
43.—(1) A record made under section 217(2)(f) by or on behalf of the body administering an institution aiding persons with intellectual disabilities must be retained by that body for 4 years after the date on which the relevant copy is made under that section.(2) Subject to paragraph (3), if paragraph (1) is not complied with, the following persons shall each be guilty of an offence:| (a) | the body administering the institution aiding persons with intellectual disabilities; | | (b) | the administrator of the institution. |
|
| (3) It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (1) is complied with. |
| (4) A person convicted of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $1,000. |
|
| Section 217 — arrangement of retained records |
44.—(1) All records retained under regulation 43 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.(2) The following persons are responsible for ensuring that paragraph (1) is complied with:| (a) | the body administering the institution aiding persons with intellectual disabilities; | | (b) | the administrator of the institution. |
|
|
| Section 217 — inspection of retained records |
45.—(1) The copyright owner of an authorial work may, by written notice to the administrator or an authorised officer of an institution aiding persons with intellectual disabilities, request to —| (a) | inspect all records retained by the institution under regulation 43; or | | (b) | inspect those records only to the extent that they relate to authorial works by a specified author. |
| (2) A notice under paragraph (1) must specify the date on which the copyright owner wishes to make the inspection. |
(3) The date specified must —| (a) | be an ordinary working day for the institution; and | | (b) | fall 7 or more days after the date on which the notice is given. |
|
(4) A copyright 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 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 institution must provide all reasonable facilities and assistance for a copyright owner to exercise the rights under this regulation. |
| (6) In this regulation, a reference to a copyright owner includes a reference to an agent of a copyright owner. |
|
Division 4 — Public collections: galleries, libraries, archives and museums |
| Section 222 — retention of declarations |
46.—(1) A declaration by an authorised officer of a public collection under section 222(2)(e)(ii) —| (a) | must be retained by the custodian of the public collection for 4 years after the date of the permitted use in respect of which the declaration was made; | | (b) | must be arranged in the manner prescribed by regulation 55; and | | (c) | may be inspected in accordance with regulation 56. |
(2) Subject to paragraph (3), if paragraph (1)(a) is not complied with, the following persons shall each be guilty of an offence:| (a) | the custodian of the public collection; | | (b) | the administrator of the public collection. |
|
| (3) It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (1)(a) is complied with. |
| (4) A person convicted of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $1,000. |
|
| Section 226 — prescribed notice to person requiring electronic copy |
47. A notice to Y under section 226(2)(g)(i) must —| (a) | be in writing; and | | (b) | in addition to the matters mentioned in section 226(2)(g)(i)(A) and (B), state both of the following matters:| (i) | that Y is only entitled to use the electronic copy communicated to Y for the purposes of Y’s own research or study; | | (ii) | that Y must not use the electronic copy communicated to Y in any manner which might constitute a rights infringement in relation to the material mentioned in section 226(1)(a). |
|
|
| Section 226 — offence if notice not given |
48.—(1) Subject to paragraph (2), an authorised officer of a public collection commits an offence if he or she fails to give the notice required under section 226(2)(g)(i) when communicating an electronic copy under that section.| (2) It is a defence for the authorised officer to prove that he or she took all reasonable steps to give the notice required under section 226(2)(g)(i). |
| (3) A person convicted of an offence under paragraph (1) shall be liable on conviction to a fine not exceeding $1,000. |
|
| Section 226 — retention of declarations, etc. |
49.—(1) A declaration by an authorised officer of a public collection under section 226(2)(f)(ii) —| (a) | must be retained by the custodian of the public collection for 4 years after the date of the permitted use in respect of which the declaration was made; | | (b) | must be arranged in the manner prescribed by regulation 55; and | | (c) | may be inspected in accordance with regulation 56. |
(2) Subject to paragraph (3), if paragraph (1)(a) is not complied with, the following persons shall each be guilty of an offence:| (a) | the custodian of the public collection; | | (b) | the administrator of the public collection. |
|
| (3) It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (1)(a) is complied with. |
| (4) A person convicted of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $1,000. |
|
| Section 227 — retention of declarations, etc. |
50.—(1) A declaration by an authorised officer of a public collection under section 227(2)(e)(ii) —| (a) | must be retained by the custodian of the public collection for 4 years after the date of the permitted use in respect of which the declaration was made; | | (b) | must be arranged in the manner prescribed by regulation 55; and | | (c) | may be inspected in accordance with regulation 56. |
(2) Subject to paragraph (3), if paragraph (1)(a) is not complied with, the following persons shall each be guilty of an offence:| (a) | the custodian of the public collection; | | (b) | the administrator of the public collection. |
|
| (3) It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (1)(a) is complied with. |
| (4) A person convicted of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $1,000. |
|
| Section 230 — prescribed notice of intention to publish new work |
51. A notice for the purposes of section 230(1)(b) —| (a) | must be advertised; | | (b) | must be given no earlier than 3 months before, and no later than 2 months before, the date of the intended publication; | | (c) | must state —| (i) | in relation to the person (X) intending to publish the new work —| (A) | X’s name; | | (B) | X’s residential or business address in Singapore; and | | (C) | X’s intention to publish the new work; |
| | (ii) | in relation to the old work —| (A) | the title (if any) of the old work; | | (B) | if the title of the old work is not sufficient to enable that work to be identified — a description that is sufficient for that purpose; | | (C) | the time when, or the period during which, the old work was made (or an estimate of that time or period); | | (D) | the name of the author (if the work has an identified author); | | (E) | the name and address in Singapore of the public collection at which the original version or a copy of the old work is kept; | | (F) | if X knows the name of the person from whom the public collection acquired the work — that person’s name; and | | (G) | if X does not know the name of that person — that fact; and |
| | (iii) | that the person claiming to be the owner of the copyright in the old work may give notice of that person’s claim to X; and |
| | (d) | must state, at the foot of the notice, the name of the person giving the notice. |
|
| Section 232 — retention of declarations, etc. |
52.—(1) A declaration by an authorised officer of a public collection under section 232(2)(e)(ii) —| (a) | must be retained by the custodian of the public collection for 4 years after the date of the permitted use in respect of which the declaration was made; | | (b) | must be arranged in the manner prescribed by regulation 55; and | | (c) | may be inspected in accordance with regulation 56. |
(2) Subject to paragraph (3), if paragraph (1)(a) is not complied with, the following persons shall each be guilty of an offence:| (a) | the custodian of the public collection; | | (b) | the administrator of the public collection. |
|
| (3) It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (1)(a) is complied with. |
| (4) A person convicted of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $1,000. |
|
| Section 234 — retention of declarations, etc. |
53.—(1) A declaration by an authorised officer of library Y under section 234(2)(c) —| (a) | must be retained by the custodian of library Y for 4 years after the date of the permitted use in respect of which the declaration was made; | | (b) | must be arranged in the manner prescribed by regulation 55; and | | (c) | may be inspected in accordance with regulation 56. |
(2) Subject to paragraph (3), if paragraph (1)(a) is not complied with, the following persons shall each be guilty of an offence:| (a) | the custodian of library Y; | | (b) | the administrator of library Y. |
|
| (3) It is a defence for a person to prove that the person took all reasonable steps to ensure that paragraph (1)(a) is complied with. |
| (4) A person convicted of an offence under paragraph (2) shall be liable on conviction to a fine not exceeding $1,000. |
|
| Section 235 — prescribed notice to be placed on or near copying machine |
54.—(1) A notice for the purposes of section 235(1)(b) —| (a) | must be 297 millimetres long and 210 millimetres wide; and | | (b) | must contain the following message: | | | | A rights owner under the Copyright Act 2021 is entitled to take legal action against a person who commits a rights infringement against the rights owner. Unless it is a permitted use under the Copyright Act 2021, unauthorised copying of a copyright work or protected performance may be a rights infringement. |
| | | Where making a copy is a fair use under the Copyright Act 2021, making that copy is a permitted use. |
| | | Making a copy of one or more articles in a periodical publication is a fair use under section 194 of the Copyright Act 2021 if the copy is made for the purpose of research or study and the articles relate to the same subject matter. |
| | | Making a copy of no more than a reasonable portion of a literary, dramatic or musical work for the purpose of research or study is also a fair use under section 194 of the Copyright Act 2021. If a published edition of a literary, dramatic or musical work is 10 or more pages, 10% of the total number of pages or one chapter is a reasonable portion. If a published edition of a literary, dramatic or musical work is an electronic edition that is not divided into pages, each of the following is a reasonable portion: |
| | | (a) | 10% of the total number of bytes in that edition; |
|
| | | (b) | 10% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 10% of the contents of that edition; |
|
| | | (c) | one chapter of the work. |
|
| | | More extensive copying may also constitute a fair use. To determine whether it does, it is necessary to have regard to the matters set out in section 191 of the Copyright Act 2021.”. |
|
|
|
| (2) For a period of 2 years after 21 November 2021, the form of notice prescribed by the Third Schedule to the revoked Copyright Regulations (Cap. 63, Rg 4) in force immediately before that date may be used instead of the message prescribed by paragraph (1)(b). |
|
| Arrangement of retained declarations |
55.—(1) The declarations retained under the provisions of this Division must be arranged in order of the time at which each declaration is made.(2) The following persons are responsible for ensuring that paragraph (1) is complied with:| (a) | the custodian of the public collection; | | (b) | the administrator of the public collection. |
|
|
| Inspection of retained declarations |
56.—(1) The rights owner of a copyright work (being an authorial work, a sound recording or a film) or a protected performance may, by written notice to the administrator or an authorised officer of a public collection, request to do one or more of the following:| (a) | inspect all declarations retained by the custodian of the public collection under the provisions of this Division; | | (b) | inspect those declarations only to the extent that they were made during a specified period; | | (c) | inspect those declarations only to the extent that they were made under a specified provision of the Act; | | (d) | in relation to a request to inspect declarations made under section 227(2)(e)(ii) or 232(2)(e)(ii), inspect the public collection. |
| (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 custodian of the public collection; 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 declarations (and, where applicable, the public collection) on the specified date; and | | (b) | for that purpose, enter the premises of the public collection on that date and during the business hours of the custodian of the public collection (but no earlier than 10 a.m. and no later than 3 p.m.). |
|
| (5) The custodian of the public collection 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. |
|
| Division 5 — Computational data analysis |
| Section 244 — prescribed purposes for which infringing copies may be used |
| 57. For the purposes of section 244(2)(e)(iii)(A), research or study relating to rights infringement is a prescribed purpose. |
Division 6 — Broadcasting, cable programmes and simulcasting |
| Section 251 — time for destroying copy, etc. |
58. For the purposes of section 251(2)(f), the prescribed time is the period —| (a) | starting on the day on which the relevant literary, dramatic or musical work was first broadcast using a copy made under section 251; and | | (b) | ending —| (i) | subject to sub‑paragraphs (ii) and (iii) — 6 months after that day; | | (ii) | subject to sub‑paragraph (iii), if X is a non‑profit organisation and the copy was made solely for its own broadcast — 2 years after that day; or | | (iii) | any further period after that day as agreed between X and the copyright owner. |
|
|
| Section 252 — time for destroying copy, etc. |
59. For the purposes of section 252(2)(e), the prescribed time is the period —| (a) | starting on the day on which the relevant artistic work was first included in a television broadcast or cable programme using a copy made under section 252; and | | (b) | ending —| (i) | subject to sub‑paragraphs (ii) and (iii) — 6 months after that day; | | (ii) | subject to sub‑paragraph (iii), if X is a non‑profit organisation and the copy was made solely for its own broadcast or cable programme — 2 years after that day; or | | (iii) | any further period after that day as agreed between X and the copyright owner. |
|
|
| Section 253 — time for destroying copy, etc. |
60. For the purposes of section 253(2)(d), the prescribed time is the period —| (a) | starting on the day on which the relevant sound recording or recording of a protected performance was first broadcast using a copy made under section 253; and | | (b) | ending —| (i) | subject to sub‑paragraphs (ii) and (iii), 6 months after that day; | | (ii) | subject to sub‑paragraph (iii), if X is a non‑profit organisation and the copy was made solely for its own broadcast — 2 years after that day; or | | (iii) | any further period after that day as agreed between X and the rights owner. |
|
|
| Section 255 — time for destroying copy |
61. For the purposes of section 255(2)(e), the prescribed time is the period —| (a) | starting on the day on which the relevant literary, dramatic or musical work was first simulcast in digital form using a copy made under section 255; and | | (b) | ending —| (i) | subject to sub‑paragraphs (ii) and (iii) — 6 months after that day; | | (ii) | subject to sub‑paragraph (iii), if the person making the copy under section 255 is a non‑profit organisation — 2 years after that day; or | | (iii) | any further period after that day as agreed between the person making the copy under section 255 and the copyright owner. |
|
|
| Section 256 — time for destroying copy |
62. For the purposes of section 256(2)(d), the prescribed time is the period —| (a) | starting on the day on which the relevant material was first simulcast in digital form using a copy made under section 256; and | | (b) | ending —| (i) | subject to sub‑paragraphs (ii) and (iii) — 6 months after that day; | | (ii) | subject to sub‑paragraph (iii), if the person making the copy under section 256 is a non‑profit organisation — 2 years after that day; or | | (iii) | any further period after that day as agreed between the person making the copy under section 256 and the rights owner. |
|
|
| Division 7 — Making musical records |
| Definitions of this Division |
63. In this Division, unless the context otherwise requires —| “copyright owner”, in relation to an included work, means the owner of the copyright in the included work; |
“included work” means —| (a) | in relation to section 260 — the musical work mentioned in section 260(1); and | | (b) | in relation to section 261 — the literary or dramatic work mentioned in section 261(1)(b); |
|
| “prescribed royalty” means the royalty prescribed by the Copyright (Royalties for Musical Records) Regulations 2021 (G.N. No. S 880/2021); |
“record of the included work” means —| (a) | in relation to section 260 — a record of the musical work mentioned in section 260(1); and | | (b) | in relation to section 261 — a record of the literary or dramatic work mentioned in section 261(1)(b); |
|
“Singapore agent”, in relation to a copyright owner, means a person who —| (a) | resides or carries on business in Singapore; and | | (b) | is authorised by the copyright owner to act on behalf of the copyright owner for the purpose to which the context relates. |
|
|
| Sections 260 and 261 — prescribed notice for making musical record |
64.—(1) For the purposes of sections 260(1)(d) and 261(2)(f), X must give notice of the making of a record of the included work to the copyright owner of the included work in accordance with this regulation. (2) The notice must be given —| (a) | before the record is made; or | | (b) | 15 or more days before the record is delivered to a buyer or supplied for the purpose of retail sale, |
|
(3) Where the copyright owner resides or carries on business in Singapore or has a Singapore agent —| (a) | the notice must be served on the copyright owner or the Singapore agent; but | | (b) | the notice may be advertised if X is unable to serve the notice despite making reasonable efforts. |
|
| (4) Where the copyright owner is not residing or carrying on business in Singapore and has no Singapore agent, the notice must be advertised. |
(5) Subject to paragraph (6), the notice must contain all the following information:| (a) | X’s name and residential or business address in Singapore; | | (b) | a statement that X intends to make a record of the included work in Singapore; | | (c) | the address of the place in Singapore at which X intends to make the record; | | (d) | the title (if any) of the included work; | | (e) | if the included work has no title, a description of the included work that will enable the included work to be identified; | | (f) | the name of the author of the included work (if the included work has an identified author) or the name of the publisher of the included work (but only if the publisher’s name is known to X); | | (g) | any particulars necessary to identify the previous records mentioned in section 260(1)(b) or 261(2)(c), as the case may be, (but only if those particulars are known to X); | | (h) | if the record is of the performance of a musical work in which words are sung, or are spoken, incidentally to or in association with the music — a statement of that fact; | | (i) | whether the record is a disc, tape, paper or other device; | | (j) | the trade description that is intended to be placed on the label of the record; | | (k) | the proposed trade prefix and catalogue number of the record; | | (l) | the earliest date on which it is proposed to offer or expose the record for sale to the public in Singapore; | | (m) | the price at which it is proposed to sell the record to the public in Singapore. |
|
(6) If the notice is advertised —| (a) | it need not contain the information mentioned in paragraph (5)(h), (i), (j), (k), (l) and (m); but | | (b) | it must state an address in Singapore at which that information may be obtained. |
|
| (7) The copyright owner or an agent of the copyright owner may apply in person at, or in writing to, the address mentioned in paragraph (6)(b) for the information mentioned in paragraph (6)(a), and X must give that information. |
|
| Sections 260 and 261 — prescribed time and manner for paying royalty generally |
65.—(1) For the purposes of sections 260(1)(f) and 261(2)(g), X must pay the prescribed royalty to the copyright owner of the included work —| (a) | in the manner and within the time agreed between X and the copyright owner; and | | (b) | in default of agreement, in the manner and within the time decided by a Copyright Tribunal (which may have regard to the provisions of the revoked Copyright (Records Royalty System) Regulations (Cap. 63, Rg 3) in force immediately before 21 November 2021). |
| (2) This regulation does not apply where, despite making reasonable efforts, X is unable to find out the copyright owner’s name or address for service. |
|
| Sections 260 and 261 — payment by deposit into bank account where copyright owner cannot be found |
66.—(1) This regulation applies for the purposes of sections 260(1)(f) and 261(2)(g) where, despite making reasonable efforts, X is unable to find out the name, or the address for service, of the copyright owner of the included work.(2) Subject to regulation 67, X is deemed to have paid the prescribed royalty to the copyright owner for the records (being records of the included work) sold or supplied by X during an accounting period if —| (a) | within 28 days after the expiry of the accounting period, X deposits the amount of royalty payable into a bank account; and | | (b) | X maintains that amount in the bank account for 6 years after the deposit is made. |
|
| (3) A bank account used for the purposes of paragraph (2) must only contain moneys deposited under that paragraph. |
(4) For the purposes of this regulation and regulation 67 —| (a) | the first accounting period is the period of 3 months starting on the earlier of the following dates:| (i) | the date on which X first sells or first supplies a record of the included work; | | (ii) | any other date fixed by X; and |
| | (b) | every successive period of 3 months is an accounting period. |
|
|
| Sections 260 and 261 — payment where copyright owner is found after deposit is made under regulation 66 |
67.—(1) This regulation applies where, within 6 years after making a deposit under regulation 66, X finds out the name and address for service of the copyright owner of the included work.| (2) X must continue to maintain the deposit in the special bank account, but regulation 66 does not otherwise apply. |
(3) X must, within one month after finding out the copyright owner’s name and address for service, serve the following documents on the copyright owner (by post if the copyright owner is outside Singapore):| (a) | a sales report on the included work for each accounting period in respect of which the deposit was made; | | (b) | a written statement made by or on behalf of X and certifying the correctness of the sales report; | | (c) | a written request for instructions as to the manner in which, and the time within which, the prescribed royalty for those records is to be paid. |
|
(4) X must, within one month after receiving a written request from the copyright owner, serve on the copyright owner (by post if the copyright owner is outside Singapore) —| (a) | subject to paragraph (b), a written statement by an auditor (being an auditor appointed by X alone or in agreement with the copyright owner) certifying the correctness of the sales report served under paragraph (3)(a); or | | (b) | if the auditor is unable to certify the correctness of the sales report served under paragraph (3)(a) —| (i) | a fresh sales report on the included work for the accounting period in respect of which the deposit was made; and | | (ii) | a written statement by the auditor certifying the correctness of the fresh sales report. |
|
|
(5) For the purposes of sections 260(1)(f) and 261(2)(g), X must pay the prescribed royalty to the copyright owner —| (a) | in the manner and within the time agreed between X and the copyright owner; and | | (b) | in default of agreement, in the manner and within the time decided by a Copyright Tribunal (which may have regard to the provisions of the revoked Copyright (Records Royalty System) Regulations in force immediately before 21 November 2021). |
|
(6) For the purposes of this regulation, a sales report on an included work for an accounting period must state —| (a) | the total number of records of the included work sold or supplied by X during the accounting period (excluding records for which the prescribed royalty has been paid); | | (b) | in relation to each of those records —| (i) | the total number of musical works included in the record; | | (ii) | the selling price to the public of the record; and | | (iii) | the amount considered by X to be the amount of the royalty payable to the copyright owner of the included work for the record; |
| | (c) | in relation to each musical work included in each of those records —| (i) | the title (if any) of the musical work, and a description of the musical work that will enable it to be identified; | | (ii) | whether the musical work is a copyright work and, if so, the name of the copyright owner (but only if the copyright owner can be found); and | | (iii) | whether, in the performance of the musical work, words consisting or forming part of a literary or dramatic work in which copyright subsists are sung, or are spoken, incidentally to or in association with the music; and |
| | (d) | in relation to each literary or dramatic work mentioned in sub‑paragraph (c)(iii) —| (i) | the title (if any) of the literary or dramatic work, and a description of the musical work that will enable it to be identified; and | | (ii) | whether the literary or dramatic work is a copyright work and, if so, the name of the copyright owner (but only if the copyright owner can be found). |
|
|
|
| Sections 260 and 261 — prescribed inquiries, etc. |
68.—(1) This regulation prescribes —| (a) | the inquiries that may be made under sections 260(2)(a) and 261(3)(a); and | | (b) | the time for receiving an answer under sections 260(2)(b) and 261(3)(b). |
(2) The inquiries must be made in the form of a written notice and the notice must comply with all the following requirements:| (a) | where the copyright owner of the included work resides or carries on business in Singapore or has a Singapore agent —| (i) | the notice must be served on the copyright owner or the Singapore agent; but | | (ii) | the notice may be advertised if the person making the inquiries is unable to serve the notice despite making reasonable efforts; |
| | (b) | where the copyright owner of the included work is not residing or carrying on business in Singapore and has no Singapore agent, the notice must be advertised; | | (c) | the notice must state all the following information:| (i) | the name and the residential or business address in Singapore of the person making the inquiries; | | (ii) | the title (if any) of the included work; | | (iii) | if the title of the included work is not sufficient to enable the work to be identified, a description of the included work that is sufficient to enable the included work to be identified; | | (iv) | the name of the author of the included work (but only if the included work has an identified author); | | (v) | if the inquiries relate to a particular record —sufficient information to enable the record to be identified; |
| | (d) | the notice must inquire as to the matters in section 260(1)(b) and (c) or 261(2)(c) and (d), as the case may be. |
|
| (3) The prescribed time for receiving an answer to the inquiries is 10 days after the inquiries are served or advertised in accordance with paragraph (2)(a) or (b). |
|
Division 8 — Artistic works with corresponding designs and industrially applied artistic works |
| Section 274 — what constitutes the industrial application of a design |
69.—(1) This regulation prescribes what constitutes the industrial application of a design for the purposes of section 274.(2) A design is applied industrially to articles if —| (a) | the design is applied to one or more articles (not being hand‑made articles) that are manufactured in lengths or in pieces; | | (b) | the design is applied to 51 or more articles, and no 2 or more of those articles are part of the same set of articles; or | | (c) | all of the following apply:| (i) | the design is applied to articles and non‑physical products; | | (ii) | the number of those articles, and the number of those non‑physical products that can be projected simultaneously, add up to 51 or more; | | (iii) | no 2 or more of those articles and non‑physical products are part of any of the following:| (A) | the same set of articles; | | (B) | the same set of non‑physical products; | | (C) | the same set of articles and non‑physical products. |
|
|
|
(3) A design is applied industrially to non‑physical products if —| (a) | all of the following apply:| (i) | the design is applied to non‑physical products; | | (ii) | 51 or more of those non‑physical products can be projected simultaneously; | | (iii) | no 2 or more of those non‑physical products are part of the same set of non‑physical products; or |
| | (b) | all of the following apply:| (i) | the design is applied to articles and non‑physical products; | | (ii) | the number of those articles, and the number of those non‑physical products that can be projected simultaneously, add up to 51 or more; | | (iii) | no 2 or more of those articles and non‑physical products are part of any of the following:| (A) | the same set of articles; | | (B) | the same set of non‑physical products; | | (C) | the same set of articles and non‑physical products. |
|
|
|
(4) For the purposes of this regulation —| (a) | the date on which the design is applied to an article or a non‑physical product is irrelevant; | | (b) | a design is applied to an article if —| (i) | the design is applied to the article by a process (whether a process of printing, embossing or otherwise); or | | (ii) | the design is copied on or in the article in the course of making the article; |
| | (c) | 2 or more non‑physical products can be projected simultaneously if they can be projected simultaneously on a surface or into a medium (including air) by the activation of a device (including a product or component that is used in or with the device); and | | (d) | “set of articles”, “set of articles and non‑physical products” and “set of non‑physical products” have the meanings given by section 2(1) of the Registered Designs Act. |
|
|
| Section 275 — what constitutes the industrial application of an artistic work |
70.—(1) This regulation prescribes what constitutes the industrial application of an artistic work for the purposes of section 275.(2) An artistic work is applied industrially if —| (a) | 51 or more 3‑dimensional copies of the work are made (whether before, on or after 21 November 2021) for the purposes of sale or hire; | | (b) | a copy of the work is included (whether before, on or after 21 November 2021) in any 3‑dimensional article that is manufactured in lengths and for the purposes of sale or hire; or | | (c) | a plate that is or includes a copy of the work is used (whether before, on or after 21 November 2021) to produce —| (i) | 51 or more copies of a 3‑dimensional object for the purposes of sale or hire; or | | (ii) | any 3‑dimensional article that is manufactured in lengths and for the purposes of sale or hire. |
|
|
(3) For the purposes of paragraph (2)(a) and (c)(i), 2 or more 3‑dimensional copies are taken to be a single copy if they are —| (a) | of the same general character; and | | (b) | intended to be used together. |
|
|
| Division 9 — Acts for service of Government |
| Section 285 — prescribed manner of informing rights owner of public act |
71.—(1) This regulation prescribes, for the purposes of section 285(2)(a), the means by which a rights owner of a copyright work or protected performance is to be informed of a public act.| (2) The rights owner is to be informed by way of a person (X) giving notice on behalf of the Government. |
(3) The notice must be given —| (a) | if X knows the rights owner’s name and address for service in Singapore — by service of the notice on the copyright owner; | | (b) | if sub‑paragraph (a) does not apply and X knows the rights owner’s name and residential or business address outside Singapore — by service of the notice by post on the rights owner; and | | (c) | in any other case — by advertising the notice. |
|
| (4) A reference to the rights owner in paragraph (3) includes a reference to a person authorised by the rights owner to deal with the relevant copyright work or protected performance. |
(5) A notice under this regulation must —| (a) | be given in the name of the Government; | | (b) | if the public act is done in relation to an article in a periodical publication (being a periodical publication which states its ISSN) — state the ISSN; | | (c) | if the public act is done in relation to an edition of an authorial work (being an edition that states its ISBN) — state the ISBN; | | (d) | if sub‑paragraphs (b) and (c) do not apply —| (i) | state the title (if any) of the relevant work or performance; or | | (ii) | if the relevant work or performance has no title — a description of the relevant work or performance that will enable the relevant work or performance to be identified; |
| | (e) | specify the public act to which the notice relates; | | (f) | state whether the public act has been done by the Government or by a person authorised by the Government; | | (g) | where the public act has been done by a person authorised by the Government — state the name of that person; and | | (h) | state that the purpose of the notice is to inform the rights owner under section 285(2)(a) of the doing of the public act. |
|
|
| Division 10 — Notation of copies |
| Section 301 — prescribed message for sound recording made under Division 4 of Part 5 of Act |
72.—(1) For the purposes of section 301(1)(a)(i), the prescribed message in respect of a sound recording made under Division 4 of Part 5 of the Act is as follows:| “This sound recording is a copy of (name of work or performance) made in reliance on Division 4 of Part 5 of the Copyright Act 2021 on (date on which copy was made) by (name of person who made the copy) on behalf of (name of institution on whose behalf of which the copy was made). (Name of work or performance) may be protected under the Copyright Act 2021, and if so, it would be a rights infringement to make further copies of this copy otherwise than with the permission of the rights owner or under a permitted use in the Copyright Act 2021.”. |
|
| (2) However, for the purposes of section 211(1)(b) and (c), a sound recording is taken to be notated in accordance with section 301 if the sound recording was notated before 21 November 2021 in accordance with regulation 14 of the revoked Copyright Regulations in force immediately before that date. |
|
|