Singapore legislation

Regulation 4

of Copyright (Collective Management Organisations) Regulations 2023

Regulation 4

Excluded persons

Subregulation 1

This regulation prescribes excluded persons for the purposes of section 459(1)(f).

Subregulation 2

An entity is an excluded person if —

(a)

the entity provides a subscription service that primarily provides a subscriber with access to digital content on demand; and

(b)

but for providing that service, the entity would not be a collective management organisation under section 459(1)(a) to (e).

Subregulation 3

An entity is an excluded person if —

(a)

the entity is part of a group;

(b)

the entity manages a set of works or performances exclusively for the entities in that group;

(c)

every rights owner for that set of works or performances is an entity in that group; and

(d)

but for managing that set of works or performances, the entity would not be a collective management organisation under section 459(1)(a) to (e).

Subregulation 4

For the purposes of paragraph (3) —

(a)

2 or more entities are part of a group if all of them are substantially linked to one another;

(b)

X and Y are substantially linked if X controls 75% or more of the voting power in Y; and

(c)

if X is (including by one or more applications of this paragraph) substantially linked to Y and Y is substantially linked to Z, then X is also substantially linked to Z.