§ 459 — Interpretation: what is a collective management organisation (CMO) and who are its members; what is a tariff scheme

459.—(1) In this Part, a person (X) is a “collective management organisation” or “CMO” if —(a)

X is in the business of collectively managing the use of copyright works or protected performances (or both), including —(i)

negotiating the terms of use;

(ii)

granting permission for the use;

(iii)

administering any terms of use; and

(iv)

collecting and distributing royalties or any other payment for the use;

(b)

those works or performances —(i)

are made or given by different authors, makers, publishers or performers; and

(ii)

are not made or given by those authors, makers, publishers or performers —(A)

as employees of X or a prescribed related person; or

(B)

under a commission from X or a prescribed related person;

(c)

X manages those works or performances —(i)

as the rights owner or with the authority of the rights owners; and

(ii)

for the collective benefit of —(A)

those authors, makers, publishers or performers; or

(B)

the rights owners of those works or performances (but not including X);

(d)

X formulates or operates one or more schemes (however named) setting out —(i)

the classes of cases in which X is willing to grant, or procure the grant of, permission to use the works or performances that X manages; and

(ii)

the terms (whether relating to the payment of a fee or charge or otherwise) on which X is willing to grant, or procure the grant of, that permission;

(e)

one or more of the schemes mentioned in paragraph (d) are available to the public (or a segment of the public) in Singapore; and

(f)

X does not fall under any prescribed class of excluded persons.

(2) For the purposes of subsection (1) —(a)

to avoid doubt, X and the related person mentioned in subsection (1)(b)(ii) may be —(i)

an individual;

(ii)

an organisation, an association or a body;

(iii)

a corporate or an unincorporate entity; or

(iv)

constituted under the law of a country other than Singapore;

(b)

it does not matter whether the business mentioned in subsection (1)(a) —(i)

is carried on for profit or otherwise; or

(ii)

is the sole or main business of X; and

(c)

it does not matter whether the schemes mentioned in subsection (1)(d) are formulated or brought into operation before, on or after 21 November 2021.

(3) In this Part —“members”, in relation to a CMO, means the authors, makers, publishers, performers and rights owners mentioned in subsection (1)(c)(ii), but not the CMO itself;

“tariff scheme” means a scheme described in subsection (1)(d) that is available to the public (or a segment of the public) in Singapore.

—(1) In this Part, a person (X) is a “collective management organisation” or “CMO” if —(a)

X is in the business of collectively managing the use of copyright works or protected performances (or both), including —(i)

negotiating the terms of use;

(ii)

granting permission for the use;

(iii)

administering any terms of use; and

(iv)

collecting and distributing royalties or any other payment for the use;

(b)

those works or performances —(i)

are made or given by different authors, makers, publishers or performers; and

(ii)

are not made or given by those authors, makers, publishers or performers —(A)

as employees of X or a prescribed related person; or

(B)

under a commission from X or a prescribed related person;

(c)

X manages those works or performances —(i)

as the rights owner or with the authority of the rights owners; and

(ii)

for the collective benefit of —(A)

those authors, makers, publishers or performers; or

(B)

the rights owners of those works or performances (but not including X);

(d)

X formulates or operates one or more schemes (however named) setting out —(i)

the classes of cases in which X is willing to grant, or procure the grant of, permission to use the works or performances that X manages; and

(ii)

the terms (whether relating to the payment of a fee or charge or otherwise) on which X is willing to grant, or procure the grant of, that permission;

(e)

one or more of the schemes mentioned in paragraph (d) are available to the public (or a segment of the public) in Singapore; and

(f)

X does not fall under any prescribed class of excluded persons.

(2) For the purposes of subsection (1) —(a)

to avoid doubt, X and the related person mentioned in subsection (1)(b)(ii) may be —(i)

an individual;

(ii)

an organisation, an association or a body;

(iii)

a corporate or an unincorporate entity; or

(iv)

constituted under the law of a country other than Singapore;

(b)

it does not matter whether the business mentioned in subsection (1)(a) —(i)

is carried on for profit or otherwise; or

(ii)

is the sole or main business of X; and

(c)

it does not matter whether the schemes mentioned in subsection (1)(d) are formulated or brought into operation before, on or after 21 November 2021.

(3) In this Part —“members”, in relation to a CMO, means the authors, makers, publishers, performers and rights owners mentioned in subsection (1)(c)(ii), but not the CMO itself;

“tariff scheme” means a scheme described in subsection (1)(d) that is available to the public (or a segment of the public) in Singapore.