Interpretation of this Part
458. In this Part, unless the context otherwise requires —“cessation order” means a cessation order under section 465;
“class licence” —(a)
means a class licence established under section 462; and
(b)
in relation to a CMO, means a licence applicable to the CMO;
“class licence condition” means a condition of a class licence;
“collective management organisation” or “CMO” has the meaning given by section 459;
“member”, in relation to a CMO, has the meaning given by section 459(3);
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity;
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity; and
(c)
in relation to a partnership, means any partner;
“permission” —(a)
in relation to a copyright work, means a copyright licence relating to the use of the work; and
(b)
in relation to a protected performance, means authority relating to the use of the performance;
“regulatory direction” means a direction given under section 464;
“tariff scheme” has the meaning given by section 459(3).
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.
Purpose of this Part
460. The purpose of this Part is to —(a)
regulate CMOs under a class licensing scheme administered by IPOS; and
(b)
confer on Copyright Tribunals powers over the circumstances in which, and the terms on which, CMOs grant permission to use copyrighted works and protected performances.
