Singapore legislation
Clause 7
Clause 7
Amendment of section 43
Section 43 of the Copyright Act is amended by inserting, immediately after subsection (2), the following subsections:“(3) Subsection (1) shall not apply in relation to a recording or film where a record embodying the recording or a copy of the film is used for the purpose of the broadcasting of the work or adaptation by a person who is not the maker of the recording or film unless the maker has paid to the owner of the copyright in the work 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 recording or film.(4) A person who has given an undertaking referred to in subsection (3) is 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 work 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 recording or film unless all the records embodying the recording or all the copies of the film are destroyed or are delivered, with the consent of the director of National Archives, to the National Archives of Singapore —
before the expiration of the period of 6 months or, in the case of a recording or film made by a non-profit organisation solely for its own broadcast, 2 years, commencing on the day on which any of the records embodying the recording or any of the copies of the film is first used for broadcasting the work or adaptation in accordance with that subsection; or
before the expiration of such further period, if any, as is agreed between the maker of the recording or film and the owner of the copyright in the work.”.