Section 459

X is in the business of collectively managing the use of copyright works or protected performances (or both), including —

negotiating the terms of use;

granting permission for the use;

administering any terms of use; and

collecting and distributing royalties or any other payment for the use;

those works or performances —

are made or given by different authors, makers, publishers or performers; and

are not made or given by those authors, makers, publishers or performers —

as employees of X or a prescribed related person; or

under a commission from X or a prescribed related person;

X manages those works or performances —

as the rights owner or with the authority of the rights owners; and

for the collective benefit of —

those authors, makers, publishers or performers; or

the rights owners of those works or performances (but not including X); (d)X formulates or operates one or more schemes (however named) setting out —

the classes of cases in which X is willing to grant, or procure the grant of, permission to use the works or performances that X manages; and

the terms (whether relating to the payment of a fee or charge or otherwise) on which X is willing to grant, or procure the grant of, that permission; (e)one or more of the schemes mentioned in paragraph (d) are available to the public (or a segment of the public) in Singapore; and

X does not fall under any prescribed class of excluded persons.

to avoid doubt, X and the related person mentioned in subsection (1)(b)(ii) may be —

an individual;

an organisation, an association or a body;

a corporate or an unincorporate entity; or

constituted under the law of a country other than Singapore;

it does not matter whether the business mentioned in subsection (1)(a) —

is carried on for profit or otherwise; or

is the sole or main business of X; and

it does not matter whether the schemes mentioned in subsection (1)(d) are formulated or brought into operation before, on or after 21 November 2021.