Singapore legislation

Clause 3

New section 25A

The Copyright Act is amended by inserting, immediately after section 25, the following section:“Commercial rental arrangement25A.—

(1)

In this Act, “commercial rental arrangement”, in relation to a sound recording or a computer program, signifies an arrangement that has the following features:

(a)

regardless of the way in which the arrangement is expressed, it is in substance an arrangement under which a copy of the sound recording or computer program is made available by a person on terms that it will or may be returned to the person;

(b)

the arrangement is made in the course of the conduct of a business; and

(c)

the arrangement provides for the copy to be made available —

(i)

for payment in money or money's worth; or

(ii)

as part of the provision of a service for which payment in money or money's worth is to be made.(2) Notwithstanding anything in subsection (1), an arrangement shall not be regarded as a commercial rental arrangement if, regardless of the way in which the arrangement is expressed, it is an arrangement for the lending of a copy of a sound recording or computer program under which the amount payable is intended to be no more than —

(a)

the amount necessary to recover the costs, including overheads, of the arrangement; or

(b)

a deposit to secure the return of the copy.”.