On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 28/03/2013.
107.
—(1) The copyright in a sound recording is not infringed by the making of a copy of a sound recording solely for the purpose of the broadcasting of the recording.
[6/98]
(2) Subsection (1) shall not apply in relation to a copy of a sound recording if the copy is used for a purpose other than —
(a)
the broadcasting of the recording; or
(b)
the making of further copies of the sound recording for the purpose of the broadcasting of the recording.
[6/98]
(2A) Notwithstanding subsections (1) and (2), where a sound recording is intended for broadcast or is broadcast, the copyright in the sound recording is not infringed by —
(a)
the making of a copy of the sound recording for, or the supply of a copy of the sound recording to, any statutory authority; or
(b)
the use of a copy of the sound recording by that statutory authority or any of its authorised officers,
for the purpose of ascertaining whether the intended broadcast complies with, or the broadcast contravenes, the provisions of any written law administered by that statutory authority.
[52/2004]
(3) Subsection (1) shall not apply in relation to a copy of a sound recording where the copy is used for the purpose of the broadcasting by a person who is not the maker of the copy unless the maker has paid to the owner of the copyright in the recording such amount as they agree or, in default of agreement, has given an undertaking in writing to the owner to pay to him such amount as is determined by a Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the copy.
[23/2009 wef 31/12/2009]
[6/98]
(4) A person who has given an undertaking referred to in subsection (3) shall be liable, when a Copyright Tribunal has determined the amount to which the undertaking relates, to pay that amount to the owner of the copyright in the recording and the owner may recover that amount in a court of competent jurisdiction from the person as a debt due to the owner.
[23/2009 wef 31/12/2009]
[6/98]
(5) Subsection (1) shall not apply in relation to a copy of a sound recording unless all the copies made in accordance with that subsection are destroyed or are delivered, with the consent of the Director of National Archives, to the National Archives of Singapore —
(a)
before the expiration of the period of 6 months or, in the case of a copy made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the copies made in accordance with that subsection is first used for broadcasting the recording in accordance with that subsection; or
(b)
before the expiration of such further period, if any, as is agreed between the maker of the copy and the owner of the copyright in the recording.
[6/98]
[Aust. 1968, s. 107]