Singapore legislation

Section 319

of Copyright Act 2021

Section 319

Conditions relating to infringement by locating information

(1)

This section applies where —

(a)

an electronic copy (called in this section the main copy) is made available on an online location on a network (called in this section the originating network);

(b)

the NSP commits a rights infringement by referring or linking a user of any network to the online location; and

(c)

the referring or linking is done by using —

(i)

an information location tool (for example, a hyperlink or directory); or

(ii)

an information location service (for example, a search engine).

(2)

The conditions for this section are —

(a)

if the NSP has the right and the ability to control any rights infringement in relation to the main copy — the NSP does not receive any financial benefit that is directly attributable to any of those rights infringements;

(b)

if —

(i)

the NSP knows that rights infringements have been committed in relation to the main copy;

(ii)

the NSP knows about facts or circumstances that would inevitably lead to the conclusion that rights infringements have been committed in relation to the main copy; or

(iii)

the NSP is served with a take‑down notice that purports to be given by or on behalf of the rights owner of the main copy,the NSP expeditiously takes reasonable steps to remove or disable access to —

(iv)

the main copy; and

(v)

any further electronic copies made from the main copy and made available on the NSP’s primary network, but only if the NSP knows about those further copies;

(c)

the NSP has —

(i)

designated a representative to receive take‑down notices under paragraph (b)(iii); and

(ii)

published, in the prescribed manner, the prescribed information about the designated representative; and

(d)

any condition as may be prescribed.

(3)

In deciding whether a financial benefit is directly attributable to a rights infringement for the purposes of subsection (2)(a), all relevant matters must be considered, including —

(a)

industry practice in relation to the charging for services by NSPs; and

(b)

whether the financial benefit is greater than the benefit that would usually result from charging in accordance with accepted industry practices.

(4)

In deciding whether a NSP knows about the matters in subsection (2)(b)(i) or (ii), the following notices must be ignored:

(a)

a notice that purports to be given by or on behalf of the rights owner of the main copy (other than a take‑down notice under subsection (2)(b)(iii));

(b)

a notice by the rights owner of the main copy under section 326(2)(b) (intention to apply for access disabling order).