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Further conditions relating to infringement by system caching

Copyright Regulations 2021

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—(1) For the purposes of section 317(2)(c), a NSP must comply with the conditions prescribed in this regulation (in addition to the conditions in regulation 74).(2) If —(a)the original copy has been made available online by a person other than the NSP; and(b)the person requires other persons to meet certain conditions to have access to the original copy (such as paying a fee or providing a password),the NSP must permit access to the cached copy on its primary network in significant part —(c)only to users of the primary network or another network who have met those conditions; and(d)only in accordance with those conditions.(3) The NSP must comply with rules specified by the person who made the original copy available online, but only if those rules —(a)concern the refreshing, reloading or other updating of the cached copy;(b)are consistent with any generally accepted industry standard data communications protocol for the network through which that person makes the original copy available; and(c)are not used by that person to unreasonably impair the intermediate storage of the cached copy.(4) The NSP must not interfere with the operation of any technology used at the originating network mentioned in section 317(1)(b) to obtain information about the use of any material made available on that network, but only if that technology —(a)does not significantly interfere with the performance of the NSP’s primary network or the intermediate storage of the cached material; and(b)is consistent with any relevant industry standards in Singapore.(5) In this regulation, “original copy”, in relation to a cached copy, means the electronic copy mentioned in section 317(1)(b).

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