Singapore legislation

Regulation 80

of Copyright Regulations 2021

Regulation 80

Requirements relating to restoration notices

Subregulation 1

This section prescribes, under section 323, requirements in relation to a restoration notice under section 322(3)(c) and (4)(c)(i).

Subregulation 2

A restoration notice must be served on a 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 restoration notice must be —

(a)

in or substantially in the specified form; and

(b)

signed by the respondent.

Subregulation 4

A restoration notice must state all the following matters:

(a)

the name and address of the respondent;

(b)

if the respondent is not resident in Singapore — the respondent’s address for service in Singapore;

(c)

a telephone number, a fax number (if any) and an email address at which the respondent can be contacted;

(d)

sufficient particulars to enable the NSP to identify the electronic copy that has been removed or to which access has been disabled;

(e)

the online location of that electronic copy before it was removed or access to it was disabled;

(f)

a statement that the respondent, in good faith, believes —

(i)

that the electronic copy mentioned in sub‑paragraph (d) was removed, or access to that electronic copy was disabled, as a result of mistake or misidentification; or

(ii)

that the electronic copy mentioned in sub‑paragraph (d) is not an infringing copy of any work or performance;

(g)

a statement that the respondent submits to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to the electronic copy mentioned in sub‑paragraph (d);

(h)

a statement that the information in the notice is accurate;

(i)

a statement that the respondent submits to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to any liability under section 324(2)(b).

Subregulation 5

In this regulation, “respondent” means the person giving a restoration notice.