On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 28/03/2013.
246.
—(1) In this Part —
“action” means a proceeding of a civil nature between parties and includes a counterclaim;
“authorised”, in relation to a recording of a performance, means made with the authority of the performer;
“direct”, in relation to a recording of a performance, means made —
(a)
directly from the live performance; or
(b)
from a broadcast or re-broadcast of, or a cable programme that includes, the performance;
“electronic copy”, in relation to an electronic recording, means a copy in an electronic form of the recording;
“electronic recording” means a recording in an electronic form, whether it is a direct recording or a copy thereof;
“exempt recording” means —
(a)
a direct or an indirect recording of a performance made solely for the purpose of the private and domestic use of the person who made it;
(b)
a direct or an indirect recording of a performance made solely for the purpose of use in scientific research;
(c)
a direct or an indirect recording of a performance made by, or on behalf of, the body administering an educational institution solely for the educational purposes of that institution or of another educational institution;
(d)
a direct or an indirect recording of a performance made solely for the purposes of setting or answering the questions in an examination or communicating the questions to the candidates;
(e)
a direct or an indirect recording of a performance made in the course of instruction, or preparation for instruction, in the making of a cinematograph film or a sound-track associated with the visual images forming part of a cinematograph film, if the recording is done by a person giving or receiving such instruction;
(f)
a direct or an indirect recording of a performance made by, or on behalf of, the body administering an institution assisting handicapped readers solely for use by a handicapped reader for the purpose of research or study that he is undertaking or proposes to undertake, or for the purpose of otherwise instructing himself on any matter;
(g)
a direct or an indirect recording of a performance made by, or on behalf of, the body administering an institution assisting intellectually handicapped persons solely for the purpose of the provision, whether by the institution or otherwise, of assistance to intellectually handicapped persons;
(h)
a direct or an indirect recording of a performance made —
(i)
for the purpose of, or in relation to, the reporting of news or current affairs; or
(ii)
for the purpose of criticism or review;
(i)
a direct or an indirect recording of a performance made —
(i)
for the purpose of judicial proceedings;
(ii)
for the purpose of seeking professional advice from an advocate and solicitor; or
(iii)
for the purpose of, or in the course of, the giving of professional advice by an advocate and solicitor;
(j)
a direct or an indirect recording of a performance made by a broadcaster who has the authority of the performer to broadcast the performance, being a recording made solely for the purpose of making that broadcast;
(k)
a direct or an indirect recording of a performance made by a person who reasonably believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the recording by the person;
(l)
(m)
a copy of a recording referred to in paragraph (j), being a copy made solely for the purpose referred to in that paragraph;
(n)
a copy of a recording referred to in paragraph (k), being a copy made —
(i)
by a person who believes, due to a fraudulent or innocent misrepresentation made to the person, that the performer has authorised the making of the copy; or
(o)
a copy of an authorised recording of a performance;
“monetary relief” means damages, an account of profits or statutory damages;
“network service provider” —
(a)
for the purposes of section 252A, means a person who provides services relating to, or provides connections for, the transmission or routing of data; and
(b)
for the purposes of sections 252B to 252CC and 252CE, means a person who provides, or operates facilities for, online services or network access and includes a person referred to in paragraph (a),
but does not include such person or class of persons as the Minister may prescribe;
“performance” means —
(a)
a performance (including an improvisation) of a dramatic work, or part of such a work, including such a performance given with the use of puppets;
(b)
a performance (including an improvisation) of a musical work or part of such a work;
(c)
the reading, recitation or delivery of a literary work, or part of such a work, or the recitation or delivery of an improvised literary work;
(d)
a performance of a dance; or
(e)
a performance of a circus act or a variety act or any similar presentation or show,
being a live performance given in Singapore or by one or more qualified persons, whether in the presence of an audience or otherwise;
“primary network”, in relation to a network service provider, refers to a network controlled or operated by or for the network service provider;
“protection period”, in relation to a performance, means the period beginning on the day when the performance is given and ending at the end of the period of 70 calendar years after the calendar year in which the performance is given;
“qualified person” means a citizen of Singapore or a person resident in Singapore;
“recording” means a sound recording other than an exempt recording;
“routing” means directing or choosing the means or routes for the transmission of data;
“sound recording” includes an article in which sounds are embodied;
“unauthorised”, in relation to a recording of a performance, means made without the authority of the performer;
“unauthorised use” has the meaning given to it in section 252.
[6/98; 38/99; 21/2004; 52/2004]
(2) The following shall be taken not to be performances for the purposes of this Part:
(a)
a performance referred to in section 23(1);
(b)
a reading, recital or delivery of any item of news and information;
(c)
a performance of a sporting activity;
(d)
a participation in a performance as a member of an audience;
(e)
a performance in a National Day Parade in Singapore; or
(f)
any other performance as may be prescribed by the Minister.
[6/98]
(3) In this Part —
(a)
a reference to the doing of an act in relation to a performance shall be read as including a reference to the doing of that act in relation to a substantial part of the performance;
(b)
a reference to the doing of an act in relation to a recording of a performance shall be read as including a reference to the doing of that act in relation to a recording of a substantial part of the performance;
(c)
a reference to the doing of an act in relation to a performance, or a recording of a performance, with the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where each of the performers has authorised the doing of the act; and
(d)
a reference to the doing of an act in relation to a performance, or a recording of a performance, without the authority of the performer is, in the case of 2 or more performers, a reference to the doing of the act where at least one of the performers has not authorised the doing of the act.
[6/98]
[Aust. 1968, s. 248A]