Regulation 1
Citation
These Regulations are the Copyright (Royalties for Musical Records) Regulations 2021.
/akn/sg/act/sub_leg/2021/CA-RG1
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Quick answer
Copyright (Royalties for Musical Records) Regulations 2021 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation CA-RG1 2021, currently marked in force and first recorded in 2021.
Citation
These Regulations are the Copyright (Royalties for Musical Records) Regulations 2021.
What is retail selling price of record
For the purposes of these Regulations, the retail selling price of a record is —
the price that is marked by the manufacturer of the record, on the label of the record, as the price at which the record is to be sold to the public;
if sub‑paragraph (a) does not apply, the price specified in an appropriate price list issued by the manufacturer of the record as the price at which the record is to be sold to the public; or
if sub‑paragraphs (a) and (b) do not apply, the highest price at which other identical records have been ordinarily sold to the public in Singapore.
For the purposes of paragraph (1) —
a reference to the label of a record includes a reference to the label on the container of the record; and
2 or more records are identical if they embody the same sound recording and bear an identical label.
Royalty payable for sole musical work included in record
This regulation prescribes the amount of royalty payable under section 260(1)(f) of the Act in respect of a musical work that is the sole musical work included in a record.
Subject to any apportionment under regulation 5(3), the amount payable in respect of the musical work is the higher of the following amounts:
one cent;
the amount obtained by performing the following steps:
find out the retail selling price of the record;
calculate what is 5% of that price.
If the amount obtained under paragraph (2)(b) includes a fraction of a cent —
any fraction of a cent that is less than half a cent is to be treated as half a cent; and
any fraction of a cent that is more than half a cent is to be treated as a whole cent.
Royalty payable for musical work included in record with other musical works
This regulation prescribes the amount of royalty payable under section 260(1)(f) of the Act in respect of a musical work that is included in a record with other musical works (whether or not those other musical works are copyright works).
Subject to any apportionment under regulation 5(3), the amount payable in respect of the musical work is the higher of the following amounts:
one cent;
the amount obtained by performing the following steps:
find out the retail selling price of the record;
calculate what is 5% of that price;
divide the result in sub‑paragraph (ii) by the total number of musical works included in the record.
If the amount obtained under paragraph (2)(b) includes a fraction of a cent —
any fraction of a cent that is less than half a cent is to be treated as half a cent; and
any fraction of a cent that is more than half a cent is to be treated as a whole cent.
Royalty payable for inclusion of literary or dramatic work in musical record
This regulation prescribes the amount of royalty payable under section 261(2)(g) of the Act in respect of a literary or dramatic work included in a record of a performance of a musical work in the manner described in section 261(1) of the Act.
If —
the musical work is a copyright work; and
the same person is the copyright owner of both the musical work and the literary or dramatic work,no further amount needs to be paid in respect of the literary or dramatic work.
If —
the musical work is a copyright work; and
different persons own the copyrights in the musical work and the literary or dramatic work,the amount payable in respect of the musical work under regulation 3 or 4 is to be apportioned between the copyright owners in the manner —
agreed by them; or
in default of agreement, decided by a Copyright Tribunal.
If the musical work is not a copyright work, the amount payable in respect of the literary or dramatic work is the amount that would have been payable under regulation 3 in respect of the musical work had the musical work been a copyright work.