Singapore legislation
Regulation 21
of Copyright (Collective Management Organisations) Regulations 2023
Regulation 21
Calculation of amount to be distributed to each member
Subregulation 1
The distribution policy must provide for the method that the CMO will use to calculate the amount to be distributed to each member, and the method must comply with this regulation.
Subregulation 2
The method to calculate the amount to be distributed to a member —
must as far as practicable be based on the actual use of the member’s portfolio; but(b)may be based on the estimated use of the member’s portfolio to the extent that it is not practicable to find out the actual use.
Subregulation 3
For the purposes of paragraph (2)(b), relevant matters in deciding whether it is not practicable to find out the actual use of a member’s portfolio include —
whether finding out the actual use imposes a heavy administrative burden on the user;
whether any users are unable or refuse to cooperate with the CMO in finding out the actual use; and
whether the member’s portfolio is used by users for private or domestic purposes or in private or domestic settings.
Subregulation 4
If the method is based on estimated use, the distribution policy must specify how the use is estimated.
Subregulation 5
The method must continue to take into account any use of a member’s portfolio after the member has given notice to vary or terminate the rights granted to the CMO.