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Sections 260 and 261 — prescribed notice for making musical record

Copyright Regulations 2021

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—(1) For the purposes of sections 260(1)(d) and 261(2)(f), X must give notice of the making of a record of the included work to the copyright owner of the included work in accordance with this regulation. (2) The notice must be given —(a)before the record is made; or(b)15 or more days before the record is delivered to a buyer or supplied for the purpose of retail sale,whichever is earlier.(3) Where the copyright owner resides or carries on business in Singapore or has a Singapore agent —(a)the notice must be served on the copyright owner or the Singapore agent; but(b)the notice may be advertised if X is unable to serve the notice despite making reasonable efforts.(4) Where the copyright owner is not residing or carrying on business in Singapore and has no Singapore agent, the notice must be advertised.(5) Subject to paragraph (6), the notice must contain all the following information:(a)X’s name and residential or business address in Singapore;(b)a statement that X intends to make a record of the included work in Singapore;(c)the address of the place in Singapore at which X intends to make the record;(d)the title (if any) of the included work;(e)if the included work has no title, a description of the included work that will enable the included work to be identified;(f)the name of the author of the included work (if the included work has an identified author) or the name of the publisher of the included work (but only if the publisher’s name is known to X);(g)any particulars necessary to identify the previous records mentioned in section 260(1)(b) or 261(2)(c), as the case may be, (but only if those particulars are known to X);(h)if the record is of the performance of a musical work in which words are sung, or are spoken, incidentally to or in association with the music — a statement of that fact;(i)whether the record is a disc, tape, paper or other device;(j)the trade description that is intended to be placed on the label of the record;(k)the proposed trade prefix and catalogue number of the record;(l)the earliest date on which it is proposed to offer or expose the record for sale to the public in Singapore;(m)the price at which it is proposed to sell the record to the public in Singapore.(6) If the notice is advertised —(a)it need not contain the information mentioned in paragraph (5)(h), (i), (j), (k), (l) and (m); but(b)it must state an address in Singapore at which that information may be obtained.(7) The copyright owner or an agent of the copyright owner may apply in person at, or in writing to, the address mentioned in paragraph (6)(b) for the information mentioned in paragraph (6)(a), and X must give that information.

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