- COPYRIGHT ACT (CHAPTER 63) COPYRIGHT (NETWORK SERVICE PROVIDER) REGULATIONS 2005
- Table of Contents
- 1. Citation and commencement
- 2. Definitions
- 3. Notice under section 193C (2) (b) or 193D (2) (b) (iii) or (4) (b) (iii) of Act
- 4. Conditions under section 193C (2) (c) of Act
- 5. Prescribed information on designated representative
- 6. Notice under section 193DA (2) (b) of Act
- 7. Evidence under section 193DC of Act
- 8. Other prescribed conditions under section 193DE (2) (b) of Act
- 9. Notice under section 252B (2)(b) or 252C (2) (b) (iii) or (4) (b) (iii) of Act
- 10. Conditions under section 252B (2) (c) of Act
- 11. Notice under section 252CA (2) (b) of Act
- 12. Evidence under section 252CC of Act
- 13. Other prescribed conditions under section 252CE (2) (b) of Act
- THE SCHEDULE
S 220
COPYRIGHT ACT
(CHAPTER 63)
COPYRIGHT (NETWORK SERVICE PROVIDER) REGULATIONS 2005
In exercise of the powers conferred by sections 193DE, 202 and 252CE of the Copyright Act, the Minister for Law hereby makes the following Regulations:
Arrangement of Provisions
1 Citation and commencement 2 Definitions 3 Notice under section 193C (2) (b) or 193D (2) (b) (iii) or (4) (b) (iii) of Act 4 Conditions under section 193C (2) (c) of Act 5 Prescribed information on designated representative 6 Notice under section 193DA (2) (b) of Act 7 Evidence under section 193DC of Act 8 Other prescribed conditions under section 193DE (2) (b) of Act 9 Notice under section 252B (2)(b) or 252C (2) (b) (iii) or (4) (b) (iii) of Act 10 Conditions under section 252B (2) (c) of Act 11 Notice under section 252CA (2) (b) of Act 12 Evidence under section 252CC of Act 13 Other prescribed conditions under section 252CE (2) (b) of Act
THE SCHEDULE
COPYRIGHT ACT
(CHAPTER 63)
COPYRIGHT (NETWORK SERVICE PROVIDER) REGULATIONS 2005
In exercise of the powers conferred by sections 193DE, 202 and 252CE of the Copyright Act, the Minister for Law hereby makes the following Regulations:
Citation and commencement
1.—These Regulations may be cited as the Copyright (Network Service Provider) Regulations 2005 and shall come into operation on 18th April 2005.
Definitions 2.—In these Regulations, unless the context otherwise requires —
"complainant" means a person who furnishes a notice under and in accordance with section 193C (2) (b), 193D (2) (b) (iii) or (4) (b) (iii), 252B (2) (b) or 252C (2) (b) (iii) or (4) (b) (iii) of the Act;
"electronic copy" has the same meaning as in section 193A (1) of the Act;
"electronic recording" has the same meaning as in section 246 (1) of the Act;
"material" has the same meaning as in section 193A (1) of the Act;
"network service provider" means a person who —
(a) provides services relating to, or provides connections for, the transmission or routing of data; or
(b) provides, or operates facilities for, online services or network access;
"originating network" , in relation to an electronic copy of any material or an electronic recording of any performance, means a network on which the electronic copy or electronic recording, as the case may be, is made available;
"performance" has the same meaning as in section 246 (1) of the Act;
"primary network" , in relation to a network service provider, refers to a network controlled or operated by or for the network service provider;
"respondent" means a person who —
(a) is notified under section 193DA (2) (a) or 252CA (2) (a) of the Act of the removal of, or the disabling of access to, any electronic copy of any material or any electronic recording of any performance, as the case may be, made available by him on a network; or
(b) furnishes a notice under section 193DA (2) (b) or 252CA (2) (b) of the Act in accordance with the requirements of that provision.
Notice under section 193C (2) (b) or 193D (2) (b) (iii) or (4) (b) (iii) of Act
3.—(1) A notice under section 193C (2) (b) or 193D (2) (b) (iii) or (4) (b) (iii) of the Act shall be furnished to a network service provider —
(a) by leaving the notice at, or sending the notice by registered post to, the address referred to in regulation 5 (1) (c);
(b) where the network service provider has provided any facsimile number under regulation 5 (1) (d), by transmitting the notice to the network service provider by facsimile transmission at that facsimile number; or
(c) by transmitting the notice to the network service provider by electronic mail at the electronic mail address referred to in regulation 5 (1) (d).
(2) A notice under section 193C (2) (b) or 193D (2) (b) (iii) or (4) (b) (iii) of the Act shall be in, or substantially in accordance with, Form A in the Schedule, shall be signed by the complainant and shall contain the following:
(a) the name and address of the complainant;
(b) where the complainant is acting on behalf of a copyright owner or an exclusive licensee, the name and address of the copyright owner or exclusive licensee;
(c) where the complainant is not resident in Singapore, the complainant's address for service in Singapore;
(d) a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;
(e) sufficient particulars to enable the network service provider to —
(i) identify the material in respect of which copyright is alleged to have been infringed;
(ii) identify and locate the electronic copy alleged to be an infringing copy of the material referred to in sub-paragraph (i), including the online location of that electronic copy; and
(iii) where the notice is a notice under section 193D (4) (b) (iii) of the Act, identify and locate the means by which the network service provider is alleged to have referred or linked a user of any network to the online location of the electronic copy referred to in sub-paragraph (ii);