Singapore legislation

Clause 19

Repeal and re-enactment of section 107

Section 107 of the Copyright Act is repealed and the following section substituted therefor:“Making of a copy of the sound recording for purposes of broadcasting107.—

(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.(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.(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 the Copyright Tribunal, on the application of either of them, to be equitable remuneration to the owner for the making of the copy.(4) A person who has given an undertaking referred to in subsection (3) shall be liable, when the 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.(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 the 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.”.