Suggest a correction

Requirements relating to take‑down notices

Copyright Regulations 2021

Match the official source exactly.

What needs fixing?

Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) This section prescribes, under section 323, requirements in relation to a take‑down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii).(2) A take‑down notice must be served on the NSP, and for this purpose —(a)the address, fax number (if any) and email address published under regulation 76(2) may be used for service on the NSP in accordance with regulation 3; and(b)the NSP is deemed to have given prior consent for service by email at the email address published under regulation 76(2).(3) A take‑down notice must be —(a)in or substantially in the specified form; and(b)signed by the complainant.(4) A take‑down notice must state all the following matters:(a)the name and address of —(i)the complainant; and(ii)the rights owner of the relevant work or performance (if the rights owner is not the complainant);(b)if the complainant is not resident in Singapore — the complainant’s address for service in Singapore;(c)a telephone number, a fax number (if any) and an email address at which the complainant can be contacted;(d)sufficient particulars to enable the NSP to —(i)identify the relevant work or performance;(ii)identify and locate the alleged infringing copy (being an electronic copy) of the relevant work or performance, including the online location of that copy; and(iii)if the take‑down notice is given under section 319(2)(b)(iii) (locating information) — identify and locate the means by which the NSP is alleged to have referred or linked a user of any network to the online location of the alleged infringing copy;(e)where the alleged infringing copy is on the NSP’s primary network — a statement that the complainant requires the NSP to remove or disable access to the alleged infringing copy;(f)where the alleged infringing copy is on a network other than the NSP’s primary network — a statement that the complainant requires the NSP to disable access to that alleged infringing copy;(g)a statement that the complainant, in good faith, believes that the alleged infringing copy is in fact an infringing copy of the relevant work or performance;(h)if the take‑down notice is given under section 317(2)(b) (system caching) — a statement —(i)that the alleged infringing copy is a cached copy of an electronic copy of the relevant work or performance that was made available on a network; and(ii)that —(A)the latter copy has been removed from that network or access to the latter copy on that network has been disabled; or(B)a court has ordered that the latter copy be removed from that network or that access to the latter copy on that network be disabled;(i)a statement that the information in the notice is accurate;(j)a statement that the complainant —(i)is the rights owner of the relevant work or performance; or(ii)is authorised to act on behalf of the rights owner of the relevant work or performance;(k)a statement that the complainant submits to the jurisdiction of the courts of Singapore for the purposes of any proceedings relating to any liability under section 324(2)(b).(5) In this regulation, “complainant” means a person giving a take‑down notice.

What's the problem? (required)

Source link (optional)

Describe the problem (and edit the text or pick an issue type) to submit.

Suggestions are submitted anonymously. No account or personal information is required or sent.