Singapore legislation

Regulation 78

of Copyright Regulations 2021

Regulation 78

Requirements relating to take‑down notices

Subregulation 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).

Subregulation 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).

Subregulation 3

A take‑down notice must be —

(a)

in or substantially in the specified form; and

(b)

signed by the complainant.

Subregulation 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).

Subregulation 5

In this regulation, “complainant” means a person giving a take‑down notice.