On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 31/01/2006.
252B.
—(1) The court shall not grant any monetary relief or, except as provided for in section 252CB, make any order against a network service provider for any unauthorised use of any performance, the protection period of which has not expired, that occurs by reason of the making by the network service provider of an electronic recording of the performance (referred to in this section as the cached copy) on the network service provider’s primary network —
(a)
from another electronic recording of the performance made available on a network (referred to in this section as the originating network);
(b)
through an automatic process;
(c)
in response to an action by a user of the primary network; and
(d)
in order to facilitate efficient access to the performance by that user or other users,
if the network service provider satisfies the conditions set out in subsection (2).
[52/2004]
(2) The conditions referred to in subsection (1) are that —
(a)
the network service provider does not make any substantive modification (other than any modification made as part of a technical process) to the content of the cached copy of the electronic recording of the performance during the transmission of the cached copy of the electronic recording of the performance to users of the primary network or another network;
(b)
if the network service provider is furnished in the prescribed manner with a notice in, or substantially in accordance with, the prescribed form relating to the cached copy of the electronic recording of the performance —
(i)
purportedly made by the performer of the performance or under the performer’s authority; and
(ii)
stating the prescribed matters,
the network service provider expeditiously takes reasonable steps to remove or disable access to the cached copy of the electronic recording of the performance on the primary network; and
(c)
the network service provider satisfies such other conditions as the Minister may prescribe in relation to —
(i)
access to the cached copy of the electronic recording of the performance by users of the primary network or another network;
(ii)
the refreshing, reloading or updating of the cached copy of the electronic recording of the performance; and
(iii)
non-interference with technology used at the originating network to obtain information about the use of any electronic recording of any performance on the originating network, being technology that is consistent with industry standards in Singapore.
[52/2004; 22/2005]