Interpretation: what is an interactive service
Open ↗245. In this Division, “interactive service” —(a)
means a service that enables an individual to receive —(i)
a transmission of a programme specially created for that individual; or
(ii)
on request, a transmission (whether or not as part of a programme) of a particular sound recording or a particular recording of a protected performance that is selected by or on behalf of that individual;
(b)
includes a service —(i)
that enables an individual to request that a particular sound recording or a particular recording of a protected performance be performed for reception —(A)
by the public at large; or
(B)
in the case of a subscription service — by all subscribers of that service; and
(ii)
where the programming on each channel of the service consists substantially of sound recordings or recordings of protected performances that are performed either within an hour of the request or at a time designated by that individual; but
(c)
does not include a service to which paragraph (b)(i) applies but not paragraph (b)(ii).
Communication by analogue broadcast
Open ↗246.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —(a)
a sound recording; or
(b)
a recording of a protected performance.
(2) The conditions are —(a)
the communication is by means of an analogue broadcast; and
(b)
the recording —(i)
is not commercially published; or
(ii)
is commercially published and X pays to the rights owner equitable remuneration of an amount —(A)
agreed between them; or
(B)
in default of agreement, decided by a Copyright Tribunal.
Communication by non‑interactive digital broadcast
Open ↗247.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —(a)
a sound recording; or
(b)
a recording of a protected performance.
(2) The conditions are —(a)
the communication is by means of a digital broadcast that —(i)
is not part of an interactive service; and
(ii)
is available to the public free of charge; and
(b)
the recording —(i)
is not commercially published; or
(ii)
is commercially published and X pays to the rights owner equitable remuneration of an amount —(A)
agreed between them; or
(B)
in default of agreement, decided by a Copyright Tribunal.
(3) If the conditions in subsection (4) are met, it is a permitted use for a person (X) to communicate —(a)
a sound recording; or
(b)
a recording of a protected performance.
(4) The conditions are —(a)
the communication is by means of a digital broadcast that —(i)
is not part of an interactive service; and
(ii)
is not available to the public free of charge; and
(b)
X pays to the rights owner equitable remuneration of an amount —(i)
agreed between them; or
(ii)
in default of agreement, decided by a Copyright Tribunal.
Communication by other analogue or non‑interactive digital transmission
Open ↗248.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to communicate —(a)
a sound recording; or
(b)
a recording of a protected performance.
(2) The conditions are —(a)
the communication is an analogue transmission (but not an analogue broadcast); or
(b)
the communication is a digital transmission (but not a digital broadcast) that is not part of an interactive service, and X pays to the rights owner equitable remuneration of an amount —(i)
agreed between them; or
(ii)
in default of agreement, decided by a Copyright Tribunal.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
