Singapore legislation

Section 252A

of Copyright Act

Section 252A

Transmission, routing and provision of connections

Amended by52/200452/2004

(1)

The court shall not grant any monetary relief or, except as provided for in section 252CB, make any order against a network service provider for any unauthorised use of any performance, the protection period of which has not expired, that occurs by reason of —

(a)

the transmission or routing by the network service provider of, or the provision of connections by the network service provider for, an electronic recording of the performance through the network service provider’s primary network; or

(b)

any transient storage by the network service provider of an electronic recording of the performance in the course of such transmission, routing or provision of connections,if the network service provider satisfies the conditions set out in subsection (2).

Amended by52/2004

(2)

The conditions referred to in subsection (1) are that —

(a)

the transmission of the electronic recording of the performance was initiated by or at the direction of a person other than the network service provider;

(b)

the transmission, routing, provision of connections or storage is carried out through an automatic technical process without any selection of the electronic recording of the performance by the network service provider;

(c)

the network service provider does not select the recipients of the electronic recording of the performance except as an automatic response to the request of another person; and

(d)

the network service provider does not make any substantive modification (other than any modification made as part of a technical process) to the content of the electronic recording of the performance during the transmission of the electronic recording of the performance through the primary network.

Amended by52/2004