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Conditions upon which manufacturer may make records of musical work

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—(1) Subject to this Division, the copyright in a musical work is not infringed by a person (referred to in this section as the manufacturer) who makes a record of the work or an adaptation thereof in Singapore, if —(a)records of the work, or, as the case may be, of a similar adaptation of the work, have previously been made in, or imported into, Singapore for the purposes of retail sale, and were so made or imported by, or with the licence of, the owner of the copyright in the work;(b)before the making of the record, the manufacturer gave to the owner of the copyright the prescribed notice of his intention to make it;(c)the manufacturer intends to sell the record by retail, or to supply it for the purpose of its being sold by retail by another person, or intends to use it for making other records which are to be so sold or supplied; and(d)in the case of a record which is sold by retail or supplied for the purpose of its being sold by retail by another person, the manufacturer pays to the owner of the copyright, in the prescribed manner and at the prescribed time, a royalty of an amount ascertained in accordance with the provisions of this Division. (2) Subsection (1) shall not apply in relation to a record of an adaptation of a musical work if the adaptation debases the work.(3) Without limiting the generality of subsection (1)(d), the regulations made for the purposes of that subsection may provide —(a)that payment of the royalties in respect of records, or of an amount, ascertained in accordance with the regulations, in respect of the royalties in respect of records, is, or is in such classes of cases as are specified in those regulations, to be made before the records are sold or supplied by the manufacturer; and(b)that the doing of such acts as are specified in those regulations, being such acts as the Minister considers convenient for ensuring the receipt by the owner of the copyright of the royalties in respect of records or, if the owner of the copyright cannot be found by reasonable inquiry, as the Minister considers reasonable in the circumstances, is to be deemed to constitute payment of the royalties.[Aust. 1968, s. 55]

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