Singapore legislation
Regulation 2
of Copyright (Collective Management Organisations) Regulations 2023
Regulation 2
Definitions
Subregulation 1
In these Regulations —
Definition
“cessation order” means a cessation order made under section 465;
Definition
“CMO” has the meaning given by section 459 as modified by regulation 4;
Definition
“exclusive”, in relation to a membership agreement between a CMO and a member, means a membership agreement under which —
the CMO becomes the rights owner of the member’s portfolio;
the CMO is granted an exclusive licence or exclusive authority (as the case may be) to give permission to use the member’s portfolio;
the CMO becomes the exclusive agent of the member in managing the member’s portfolio; or
the CMO is granted other exclusive rights in relation to the management of the member’s portfolio,and “non-exclusive” has a corresponding meaning;
Definition
“financial penalty” means a financial penalty imposed under section 463;
Definition
“financial year”, in relation to a CMO, means a financial year of the CMO;
Definition
“key officer”, in relation to a CMO, means an individual who —
is or purports to be involved in the management of the business of the CMO; or
sits or purports to sit on the board of directors, executive committee or any other management committee of the CMO;
Definition
“members”, in relation to a CMO, has the meaning given by regulation 3(2);
Definition
“partner collecting society”, in relation to a CMO, has the meaning given by regulation 3(1)(a);
Definition
“permission” has the meaning given by section 458;
Definition
“portfolio” means —
in relation to a CMO — the works and performances collectively managed by the CMO (whether as the rights owner or with the authority of the rights owners) —
for the collective benefit of its members; or
under a representation agreement; and
in relation to a member of a CMO — the works and performances managed by the CMO under the membership agreement between the CMO and the member;
Definition
“regulatory action” means a financial penalty, regulatory direction or cessation order;
Definition
“regulatory direction” means a direction given under section 464;
Definition
“representation agreement” has the meaning given by regulation 3(1)(b);
Definition
“tariff” means any sum (however named) paid to a CMO for permission to use the whole or any part of its portfolio, whether under a tariff scheme or otherwise;
Definition
“user”, in relation to a CMO, means a person who has been granted permission by the CMO to use the whole or any part of the CMO’s portfolio, whether under a tariff scheme or otherwise;
Definition
“website”, in relation to a CMO, means the website that the CMO is required to set up and maintain under regulation 37.
Subregulation 2
A reference to a section in these Regulations is a reference to a section of the Act.