149. Interpretation of this Part

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Amended

Last amended by an amending law of 1998.

(1)

In this Part, unless the contrary intention appears —

“licence” —

(a)

in relation to a literary, dramatic or musical work, means a licence granted by or on behalf of the owner or prospective owner of the copyright in the work to perform the work or an adaptation of the work in public, to broadcast the work or an adaptation of the work, to make a sound recording or cinematograph film of the work or an adaptation of the work for the purpose of broadcasting the work or adaptation or including it in a cable programme service; or

(b)

in relation to a computer program or sound recording, means a licence granted by or on behalf of the owner or prospective owner of the copyright in the program or recording to enter a commercial rental arrangement in respect of the program or recording;

“licence scheme” means a scheme (including anything in the nature of a scheme, whether called a scheme or tariff or called by any other name) formulated by a licensor or licensors and setting out the classes of cases in which the licensor or each of the licensors is willing, or the persons on whose behalf the licensor or each of the licensors acts are willing, to grant licences and the charges (if any) subject to payment of which, and the conditions subject to which, licences would be granted in those classes of cases;

“licensor” means the owner or prospective owner of the copyright in the work or any body of persons (whether corporate or unincorporate) acting as agent for the owner or prospective owner in relation to the negotiation or granting of such licences;

“member” means a member of the Tribunal, and includes the President of the Tribunal;

“order” includes an interim order;

“organisation” means an organisation or association of persons whether corporate or unincorporate;

“party” includes a person or organisation making representations to the Tribunal at an inquiry under section 157;

“proceeding”, in relation to the Tribunal, includes an inquiry by the Tribunal under section 157.

(2)

In this Part —

(a)

a reference to conditions is a reference to any conditions other than conditions relating to the payment of a charge;

(b)

a reference to giving an opportunity to a person or organisation of presenting a case is a reference to giving the person or organisation an opportunity, at the option of the person or organisation, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard;

(c)

a reference to a person who requires a licence of a particular kind includes a reference to a person who holds a licence of that kind if the person will, at the expiration of the period for which the licence was granted, require a renewal of that licence or a grant of a further licence of the same kind; and

(d)

a reference to proceedings for infringement of copyright includes a reference to proceedings brought in respect of an alleged contravention of section 136(6).[Aust. 1968, s. 136]

Terms defined in this Act

broadcast
Defined · s 7
“broadcast” means broadcast by wireless telegraphy, and “broadcasting” shall have a corresponding meaning;
Open s 7
cable programme service
Defined · s 7
“cable programme service” means a service which consists wholly or mainly in the sending by any person, by means of a telecommunication system (whether run by him or by any other person), of sounds or visual images or both either —(a)for reception, otherwise than by wireless telegraphy, at 2 or more places in Singapore, whether they are so sent for simultaneous reception or at different times in response to requests made by different users of the service; or(b)for reception, by whatever means, at a place in Singapore for the purpose of their being presented there either to members of the public or to any group of persons;
Open s 7
cinematograph film
Defined · s 7
“cinematograph film” means the aggregate of visual images embodied in an article or thing so as to be capable by the use of that article or thing —(a)of being shown as a moving picture; or(b)of being embodied in another article or thing by the use of which it can be so shown,and includes the aggregate of the sounds embodied in a sound-track associated with such visual images;
Open s 7
computer program
Defined · s 7
“computer program” means an expression, in any language, code or notation, of a set of instructions (whether with or without related information) intended, either directly or after either or both of the following: (a)conversion to another language, code or notation;(b)reproduction in a different material form,to cause a device having information processing capabilities to perform a particular function;
Open s 7
owner
Defined · s 140A
“owner”, in relation to the copyright in copyright material, includes an exclusive licensee of the copyright in the material;
Open s 140A
sound recording
Defined · s 7
“sound recording” means the aggregate of the sounds embodied in a record;
Open s 7
Tribunal
Defined · s 7
“Copyright Tribunal” or “Tribunal” means the Copyright Tribunal established under Part VII;
Open s 7
will
Defined · s 7
“will” includes a codicil;
Open s 7
work
Defined · s 7
“work” means a literary, dramatic, musical or artistic work;
Open s 7
writing
Defined · s 7
“writing” means a mode of representing or reproducing words, figures or symbols in a visible form, and “written” shall have a corresponding meaning.
Open s 7

Report

Read on from s 150