107. Making of a copy of sound recording for purposes of broadcasting
Feedback & supportLast amended by an amending law of 2004. 2 amendments in all.
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.
copy
“copy”, in relation to a cinematograph film, means any article or thing in which the visual images or sounds comprising the film are embodied;
Subsection (1) shall not apply in relation to a copy of a sound recording if the copy is used for a purpose other than —
sound recording
“sound recording” means the aggregate of the sounds embodied in a record;
the broadcasting of the recording; or
the making of further copies of the sound recording for the purpose of the broadcasting of the recording.
Notwithstanding subsections (1) and (2), where a sound recording is intended for broadcast or is broadcast, the copyright in the sound recording is not infringed by —
broadcast
“broadcast” means broadcast by wireless telegraphy, and “broadcasting” shall have a corresponding meaning;
the making of a copy of the sound recording for, or the supply of a copy of the sound recording to, any statutory authority; or
the use of a copy of the sound recording by that statutory authority or any of its authorised officers,for the purpose of ascertaining whether the intended broadcast complies with, or the broadcast contravenes, the provisions of any written law administered by that statutory authority.
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.
owner
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;
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.
Copyright Tribunal
“Copyright Tribunal” or “Tribunal” means the Copyright Tribunal established under Part VII;
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 —
archives
“archives” means —(a)archival material in the custody of the National Archives of Singapore established under section 17 of the National Heritage Board Act;(b)a collection of documents or other material to which this paragraph applies by virtue of subsection (4);
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
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. [Aust. 1968, s. 107]