Copyright Tribunals (Procedure) Regulations 2021

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1 Citation and commencement

6 Filing of documents

7 Documents for use in proceedings, etc.

9 File numbers of proceedings

10 Sealing of documents

11 Signing of documents

12 Service of documents

13 Address for service

15 Recording of orders of Tribunal

16 Notification of orders of Tribunal and of reasons

18 Opportunity to present case

19 Evidence in form of written statements

20 Prescribed representatives under section 495(c)

21 Summons to witness

22 Extension of time

24 Witnesses’ costs, fees and expenses

25 Power to waive procedural requirements and effect of non‑compliance

26 Definitions of this Division

27 Particulars to be included in case or interlocutory application

28 Service of notice of case or interlocutory application

29 Advertisement of cases

30 Preliminary hearing of case

31 Time and place of hearing of cases and interlocutory applications

32 Amendment of documents in cases and interlocutory applications

33 Consolidation of cases

34 Applications to be made party to case

35 Other interlocutory applications

36 Hearing of interlocutory applications

37 Withdrawal of cases and interlocutory applications

38 Withdrawal how effected

39 Section 121 — causing sounds embodied in sound recording to be heard in public

40 Section 198 — copying or communicating material for educational purposes

41 Section 217 — copying by body administering institution aiding persons with intellectual disabilities

42 Section 246 — communication by analogue broadcast

43 Section 247 — communication by freely available non‑interactive digital broadcast

44 Section 247 — communication by non-freely available non-interactive digital broadcast

45 Section 248 — communication by other non-interactive digital transmission

46 Section 251 — copying literary, dramatic and musical works for broadcasting

47 Section 252 — making film of artistic works for television broadcasting or cable programmes

48 Section 253 — copying sound recording or recording of performance for broadcasting

49 Section 539 — equitable remuneration payable under 1987 Act

50 Section 470 — proposed tariff scheme

51 Section 471 — in‑force tariff scheme

52 Section 472 — review of orders made in respect of tariff scheme

53 Section 472 — permission of Tribunal to review existing order

54 Section 474 — application against CMO for refusal to grant permission (where tariff scheme applies)

55 Section 474 — application against CMO for unreasonable terms (where tariff scheme applies)

56 Section 474 — application against CMO by intending user (where no tariff scheme applicable or in force)

57 Section 474 — application against CMO by organisation representing users (where no tariff scheme applicable or in force)

58 Suspension of orders under sections 470, 471, 472, 473 and 474

59 Section 199 — suspension order against body administering educational institution

60 Section 199 — revocation of suspension order

61 Section 286 — terms of public acts

62 Apportionment of royalty for musical records

63 Manner and time for payment of royalty for musical records

64 Application of this Part

65 Advertisement of intended inquiry

66 Amendments, further particulars, etc., and service of documents before inquiry

67 Right of audience at inquiry

69 Application of this Part

70 Request for reference of question of law to Court

71 Fixing of new date for hearing or further hearing where party makes request

72 Adjournment pending decision of Court

73 Suspension of orders of Tribunal pending reference of question of law to Court

74 Cases before Tribunal after determination of question of law by Court

No. S 883

(ACT 22 OF 2021)

In exercise of the powers conferred by sections 497 and 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 Tribunals (Procedure) Regulations 2021 and come into operation on 21 November 2021.

Definitions

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

“address for service”, in relation to a person, means the person’s address for service under regulation 13;

“case”, “officer”, “party”, “president”, “presiding member”, “proceeding” and “secretary” have the meanings given by section 477;

“case file number”, in relation to a proceeding, means the case file number allotted by the secretary to the proceeding under regulation 9;

“CMO” has the meaning given by section 459(1);

“Court” means the General Division of the High Court;

“intending user” has the meaning given by section 468;

“person” includes an organisation;

“Registry” means the Registry of the Tribunals established under regulation 4;

“sealed” means sealed with the seal of the Tribunals;

“specified form”, in relation to a provision of these Regulations, means a form specified at http://www.ipos.gov.sg for the purposes of the provision;

“tariff scheme” has the meaning given by section 459(3).

(2) In these Regulations, a reference to a section is a reference to a section of the Act.

Seal

3.—(1) The Tribunals are to have a seal of a nature and pattern that the president approves.

(2) For the purposes of these Regulations, a document is sealed if the seal of the Tribunals or an image of that seal is affixed to the document —

(a)	by hand, electronic means or any other means; and
(b)	by or with the authority of the secretary.

(3) For the purposes of these Regulations, a document bearing the seal of the Tribunals or an image of that seal is presumed to be sealed in accordance with paragraph (2) unless the contrary is proved.

(4) All courts and persons acting judicially must take judicial notice of the seal of the Tribunals.

Registry

4.—(1) The Tribunals must have a Registry for the transaction of business relating to the proceedings in the Tribunals and for the keeping of records of all proceedings.

(2) The Registry is to be situated at the place directed by the Minister or by any person authorised by the Minister.

(3) The Registry must be open on the days and at the hours directed by the secretary.

(4) Any records, books or documents kept at the Registry may be kept in electronic form.

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