§ 317 — Conditions relating to infringement by system caching

317.—(1) This section applies where a NSP commits a rights infringement by making an electronic copy (called in this section the cached copy) —(a)

on the NSP’s primary network;

(b)

from another electronic copy that is available on a network (called in this section the originating network);

(c)

through an automatic process;

(d)

in response to an action by a user of the NSP’s primary network; and

(e)

to facilitate efficient access to the underlying work or protected performance (as the case may be) by that user or other users.

(2) The conditions for this section are —(a)

the NSP does not substantively modify the content of the cached copy (apart from any modification made as part of a technical process) when the cached copy is transmitted to users of the NSP’s primary network or another network;

(b)

if the NSP is served with a take‑down notice that purports to be given by or on behalf of the rights owner of the cached copy — the NSP expeditiously takes reasonable steps to remove or disable access to the cached copy on its primary network; and

(c)

any condition as may be prescribed, including conditions relating to —(i)

access to the cached copy by users of the NSP’s primary network or of another network;

(ii)

refreshing, reloading or updating the cached copy; or

(iii)

non‑interference with technology used at the originating network to obtain information about the use of any electronic copies on the originating network, being technology that is consistent with industry standards in Singapore.

—(1) This section applies where a NSP commits a rights infringement by making an electronic copy (called in this section the cached copy) —(a)

on the NSP’s primary network;

(b)

from another electronic copy that is available on a network (called in this section the originating network);

(c)

through an automatic process;

(d)

in response to an action by a user of the NSP’s primary network; and

(e)

to facilitate efficient access to the underlying work or protected performance (as the case may be) by that user or other users.

(2) The conditions for this section are —(a)

the NSP does not substantively modify the content of the cached copy (apart from any modification made as part of a technical process) when the cached copy is transmitted to users of the NSP’s primary network or another network;

(b)

if the NSP is served with a take‑down notice that purports to be given by or on behalf of the rights owner of the cached copy — the NSP expeditiously takes reasonable steps to remove or disable access to the cached copy on its primary network; and

(c)

any condition as may be prescribed, including conditions relating to —(i)

access to the cached copy by users of the NSP’s primary network or of another network;

(ii)

refreshing, reloading or updating the cached copy; or

(iii)

non‑interference with technology used at the originating network to obtain information about the use of any electronic copies on the originating network, being technology that is consistent with industry standards in Singapore.