Clause 2

by inserting, immediately after the definition of “citizen of Singapore” in subsection (1), the following definition:“ “communicate” means to transmit by electronic means (whether over a path, or a combination of paths, provided by a material substance or by wireless means or otherwise) a work or other subject-matter, whether or not it is sent in response to a request, and includes —

the broadcasting of a work or other subject-matter;

the inclusion of a work or other subject-matter in a cable programme; and

the making available of a work or other subject-matter (on a network or otherwise) in such a way that the work or subject-matter may be accessed by any person from a place and at a time chosen by him,and “communication” shall have a corresponding meaning;”;

by inserting, immediately after the definition of “Copyright Tribunal” or “Tribunal” in subsection (1), the following definition:“ “digital audio transmission” means a transmission of a sound recording, in whole or in part, in a digital or other non-analogue form;”;

by deleting the definition of “educational institution” in subsection (1) and substituting the following definitions:“ “educational institution” means —

a school or similar institution at which one or more of the following is provided:

full-time primary education;

full-time secondary education;

full-time pre-university education;

such other full-time education as may be prescribed by regulations made under this Act;

a junior college, a university, a college of advanced education or a technical and further education institution;

an institution that conducts courses of primary, secondary, pre-university or tertiary education by correspondence or on an external study basis;

a school of nursing;

an undertaking within a hospital, being an undertaking that conducts courses of study or training in —

the provision of medical services; or

the provision of services incidental to the provision of medical services;

a teacher education centre;

an institution that has, as its principal function, the provision of courses of study or training for the purpose of —

general education;

the preparation of persons for a particular occupation or profession; or

the continuing education of persons engaged in a particular occupation or profession;

such other institution at which education is provided as may be declared by regulations made under this Act to be an institution to which this paragraph applies;

an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (h), being an undertaking that has as its principal function, or as one of its principal functions, the provision of teacher training for persons engaged as instructors in educational institutions of such a kind, or of 2 or more such kinds;

an institution, or an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (i), being an institution or undertaking that has as its principal function, or as one of its principal functions, the furnishing of materials to educational institutions of a kind referred to in paragraphs (a) to (i), or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes,but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;“electronic copy”, in relation to any work or other subject-matter, means a copy of the work or subject-matter in an electronic form;”;

by inserting, immediately after the definition of “prospective owner” in subsection (1), the following definition:“ “receiving apparatus” means any device or equipment the operation of which, either alone or together with any other device or equipment, enables people to hear or see a work or other subject-matter that is communicated;”;

by inserting, immediately after the definition of “regulations” in subsection (1), the following definition:“ “re-transmission”, in relation to a broadcast, means a re-transmission of the broadcast without altering the contents of the broadcast, whether the re-transmission is simultaneous with the original transmission or whether the technique that is used to achieve the re-transmission is different from that used to achieve the original transmission;”;

by inserting, immediately after the definition of “sculpture” in subsection (1), the following definition:“ “simulcasting”, in relation to a work, an adaptation of a work, a sound recording or a cinematograph film, means simultaneously broadcasting the work, adaptation, recording or film in both analogue form and digital form;”; and

by deleting paragraphs (a) and (b) of subsection (2A) and substituting the following paragraphs:“(a)does not exceed, in the aggregate —

10% of the total number of bytes in that edition; or

10% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 10% of the contents of that edition; or

in a case where the work is divided into chapters, exceeds, in the aggregate —

10% of the total number of bytes in that edition; or

10% of the total number of words in that edition or, where it is not practicable to use the total number of words as a measure, 10% of the contents of that edition,but contains only the whole or part of a single chapter of the work.”.