WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/SGP/C/4
14 March 2000
(00-0980)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
SINGAPORE
The present document reproduces the text1 of the Copyright (Records Royalty System)
Regulations, as notified by Singapore under Article 63.2 of the Agreement (see document
IP/N/1/SGP/3).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
SINGAPOUR
Le présent document contient le texte1 du Règlement sur le droit d'auteur (Système de
redevances sur les enregistrements phonographiques), notifié par Singapour au titre de l'article 63:2 de
l'Accord (voir le document IP/N/1/SGP/3).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
SINGAPUR
En el presente documento se reproduce el texto1 del Reglamento sobre Derecho de Autor
(sistema de regalías-registro), notificado por Singapur de conformidad con el párrafo 2 del artículo 63
del Acuerdo (véase el documento IP/N/1/SGP/3).
                                                     
1 English only/Anglais seulement/En inglés solamente.IP/N/1/SGP/C/4
Page 2
COPYRIGHT ACT
(CHAPTER 63, SECTIONS 56, 57 AND 202)
COPYRIGHT (RECORDS ROYALTY SYSTEM) REGULATIONS
S 112/87.
[10th April 1987]
Citation.
1. These Regulations may be cited as the Copyright (Records Royalty System)
Regulations.
Definition.
2. In these Regulations, unless the context otherwise requires, “address for service in
Singapore” means an address at which service may be effected in accordance with
regulation 3.
Service of documents.
3. — (1) A document that is required or permitted by these Regulations to be served
on a person in Singapore may be served on the person —
(a) if the person is a corporation — by delivering the document personally to the
manager or secretary of the corporation, or if the corporation has a registered
office under any written law relating to companies in Singapore, by leaving it
at that office or by sending it by post addressed to the corporation at that
office or, if the corporation does not have such a registered office, by sending
it by post addressed to the corporation at its principal place of business in
Singapore; or
(b) if the person is not a corporation — by delivering the document to the person
personally or by sending it by post addressed to the person at the address of
the place of residence or business in Singapore of the person last known to
the person sending the document.
(2) In the application of paragraph (1) in relation to a notice under regulations 4 and
7, a reference to post shall be read as a reference to registered post.
Notice of intended making of record of musical work.
4. — (1) For the purposes of section 56 (1) ( b) of the Act, the prescribed notice of the
intended making of a record of a musical work shall be a written notice given in
accordance with this regulation by the person intending to make the record (referred to
in these Regulations as the manufacturer).
(2) The notice shall be given not less than 15 days before any record on which the
work to which the notice refers is reproduced is delivered to a purchaser or suppliedfor the purpose of retail sale.IP/N/1/SGP/C/4
Page 3
(3) Subject to paragraphs (4) and (5), if the owner of the copyright in the musical
work resides or carries on business in Singapore, the notice shall be given by service
of the notice on the owner.
(4) Subject to paragraph (5), if the owner of the copyright in the musical work has
appointed a person residing or carrying on business in Singapore as his agent for the
purpose of receiving notices under section 56 of the Act, the notice may be given byservice of the notice on the agent.
(5) If the manufacturer is unable, by reasonable inquiry, to ascertain the name, or an
address for service in Singapore, of the owner of the copyright in the musical work or
of a person appointed by the owner as his agent for the purpose of receiving notices
under section 56 of the Act, the notice shall be given by publication of the notice inthe Gazette .
(6) The notice given in accordance with paragraph (3) or (4) shall —
(a) state that a person specified in the notice intends to make in Singapore a
record of the musical work or part thereof and the address at which the per-
son intends to make such records;
(b) state the address of the place of residence or business of the manufacturer;
(c) state the title, if any, of the work, and if that title is not sufficient to enable the
work to be identified, contain a description of the work that is sufficient to
enable the work to be identified;
(d) if the record is to comprise a performance of the work in which words are
sung, or are spoken incidentally to or in association with the music — state
that fact;
(e) if the identity of the author or publisher of the work is known to the person
intending to make the record — state the name of the author or publisher;
(f) set out any particulars known to the manufacturer that are necessary to enable
the owner of the copyright to identify such a previous record of the musical
work as is referred to in section 56 (1) ( a) of the Act;
(g) state whether the record that is intended to be made is to be a disc, tape, paper
or other device;
(h) state the trade description that is intended to be placed on the label of the
record and the proposed trade prefix and catalogue number of the record;
(i) state the earliest date on which it is proposed to offer or expose the record for
sale to the public in Singapore; and
(j) state the proposed selling price to the public of the record.
(7) Where the notice is to be given by being published in the Gazette  in accordance
with paragraph (5), the notice shall contain the information referred to in paragraph
(6) (a), (b), (c), (e) and ( f) and shall state an address of a place in Singapore at which
the information referred to in paragraph (6) ( d), (g), (h), (i) and ( j) may be obtained.IP/N/1/SGP/C/4
Page 4
(8) Upon personal or written application at the address specified in a notice referred
to in paragraph (7) by the owner of the copyright in the musical work or a person
appointed by him as his agent for the purpose of making such an application, the
manufacturer shall furnish that information to the owner or agent.
Payment of royalty by manufacturer of records of musical works.
5. For the purposes of section 56 (1) ( d) the Act, the royalty payable to the owner of
the copyright in a musical work in respect of a record of that work shall be paid in
such manner and at such time as is agreed between the owner of the copyright and the
manufacturer of the record or, in the absence of agreement, shall be paid in ac-
cordance with regulations 6 to 10.
Payment of royalty by affixing adhesive labels.
6. — (1) If, within 7 days of the date of the notice given in accordance with regula-
tion 4, the owner of the copyright informs the manufacturer, by notice in writing sent
by registered post, of some convenient place in Singapore from which adhesive labels
can be obtained, the manufacturer shall by notice in writing specify the number and
the denomination of the labels he requires and at the same time tender a sum
equivalent to the amount of royalty represented by the labels required.
(2) If, within 7 days of receipt of the notice required by paragraph (1) to be given by
the manufacturer, the copyright owner supplies the labels required, the manufacturer
shall not deliver to a purchaser or otherwise supply for the purpose of its being sold by
retail any record made by him to which the notice prescribed in regulation 4 refers
unless there is attached to the record or, if the type of record is such that it is not
reasonably practicable to attach an adhesive label to it, to the container in which the
record is intended to be delivered to a retail purchaser, a label of a kind referred to in
this regulation purchased from the copyright owner.
(3) Where the owner of the copyright in a musical work makes available, for pur-
chase by manufacturers of records of that work, adhesive labels of a kind referred to in
this regulation, the affixing to, or to the container of, a record of that work in ac-
cordance with this regulation of an adhesive label or adhesive labels purchased from
the owner of the copyright shall, for the purposes of section 56 (3) ( b) of the Act, be
deemed to constitute payment, in respect of that record, of the royalty referred to in
section 56 (1) ( d).
(4) The label or labels shall be affixed to the record, or to the container of the record,
before the record is sold or supplied by the manufacturer.
(5) Subject to any agreement to the contrary between the owner of the copyright and
the manufacturer, the label or labels shall specify an amount that is, or amounts that in
the aggregate are, equal to the royalty payable to the owner of the copyright in respect
of the record of the work.
(6) A label shall be an adhesive paper label, square in shape, bearing a design en-
closed with a circle and having a side of not more than 12 millimetres in length.IP/N/1/SGP/C/4
Page 5
(7) A label —
(a) shall not be in a form that resembles a postage stamp; and
(b) shall not bear —
(i) an effigy of any person; or
(ii) any word, mark or design of such a nature as to suggest that the label was
issued by, or under the authority of the Government for the purpose ofspecifying a tax payable to the Government.
(8) For the purposes of this regulation, “the date of the notice given in accordance
with regulation 4” means —
(a) in cases where the notice is required to be sent by registered post, the date
when the notice would in the ordinary course of post be delivered; or
(b) in cases where the notice is required to be advertised in the Gazette , the date
of such advertisement.
Payment of royalty where owner of copyright fails to supply adhesive labels.
7. — (1) For the purposes of section 56 (1) ( d) of the Act, this regulation shall apply
in relation to the payment of a royalty by the manufacturer to the owner of the copy-
right in a musical work or musical works, other than an owner in relation to whom
regulation 8 or 9 applies.
(2) Where —
(a) the manufacturer serves notice in writing on the owner of the copyright in
accordance with regulation 4; and
(b) the owner of the copyright refuses or fails to comply with regulation 6 (1) or
(2) within the time specified therein,
the manufacturer may, during the period ascertained in accordance with paragraph
(4), deliver to a purchaser or otherwise supply for the purpose of retail sale any recordto which the notice relates without complying with regulation 6 (2) and the royalty
payable by the manufacturer to the owner of the copyright in respect of records of the
work sold or supplied by the manufacturer during the period ascertained in accordance
with paragraph (4) shall be paid as provided by this regulation.
(3) The manufacturer shall pay the amount of the royalty in respect of the records of
the work or works sold or supplied by the manufacturer during the period ascertained
in accordance with paragraph (4) into a special account and hold the moneys in trustfor the owner of the copyright and, before the expiration of 28 days after the period
ascertained in accordance with paragraph (4), shall —
(a) serve on the owner of the copyright a statement in writing specifying the
number of records sold or supplied by the manufacturer during that period
that include a musical work or musical works the copyright in which is
owned by the owner (other than any records in respect of which royaltiesIP/N/1/SGP/C/4
Page 6
have already been paid to the owner otherwise than in pursuance of this
regulation) and specifying, in relation to each such record —
(i) the title (if any) of the musical work or of each of the musical works and a
description of the work or of each of the works that is sufficient to
enable the work to be identified;
(ii) whether, in the performance of the musical work or musical works, words
consisting or forming part of a literary or dramatic work in which
copyright subsists are sung, or are spoken incidentally to or in associ-
ation with the music;
(iii) whether the record also includes any musical works in which copyright
does not subsist and, if so, the number of those works;
(iv) whether the record also includes any musical works the copyright in which
is owned by other persons and if so, the number of those works;
(v) the selling price to the public of the record; and
(vi) the amount considered by the manufacturer to be the amount of the royalty
payable to the owner in respect of the record and requesting instructions
as to the manner of payment of the amount; and
(b) pay to the owner of the copyright the amount of the royalties payable in re-
spect of the records sold or supplied by the manufacturer during that period.
(4) For the purposes of paragraphs (2) and (3), the period referred to, in relation to
the owner of the copyright in a musical work or musical works and the manufacturer,
means the period of 3 months immediately following —
(a) the date on which the manufacturer first sells or supplies a record of the work
or of any of the works; or
(b) if the manufacturer fixes an earlier date — that earlier date.
(5) If the manufacturer takes in relation to any records the steps specified in para-
graph (3), the taking of those steps shall, for the purposes of section 56 (3) ( b) of the
Act, be deemed to constitute the payment of royalties.
Payment of royalty where owner of copyright cannot be found.
8. — (1) If the owner of the copyright in a musical work or musical works cannot by
reasonable inquiry be found by the manufacturer of records of the work or those
works, payment in respect of those records of that work or those works of the royaltyreferred to in section 56 (1) ( d) of the Act shall, for the purposes of section 56 (3) ( b)
of that section, be deemed to be constituted by the manufacturer —
(a) before the expiration of 28 days after each accounting period, depositing the
amount of the royalties in respect of the records sold or supplied during that
accounting period in a bank account in which no other moneys are deposited
except —IP/N/1/SGP/C/4
Page 7
(i) royalties payable in respect of other records of the same work or works or of
other works the copyright in which is owned by the owner;
(ii) royalties payable in respect of other works the owner of the copyright in
which cannot be found by reasonable inquiry; or
(iii) royalties in relation to which regulation 9 applies;
(b) subject to sub-paragraph ( c), maintaining each such amount on deposit in that
account until the expiration of a period of 6 years from the date of making of
the deposit; and
(c) if the owner of the copyright is found before the expiration of the period
specified in sub-paragraph ( b) — within one month after the owner is found,
paying to the owner the amount so maintained on deposit and serving on theowner or, if the owner is outside Singapore, serving by post on the owner, a
statement in relation to the records as provided by regulation 7 (3).
(2) For the purposes of this regulation, an accounting period in relation to the owner
of the copyright in a musical work or musical works and the manufacturer, means —
(a) the period of 3 months immediately following —
(i) the date on which the manufacturer first sells or supplies a record of the
work or of any of the works; or
(ii) if the manufacturer fixes an earlier date — that earlier date; or
(b) a period of 3 months immediately following the expiration of the period re-
ferred to in sub-paragraph ( a) or immediately following the expiration of a
period that is an accounting period in relation to those persons by virtue of a
previous application of this sub-paragraph.
Payment of royalties to certain overseas copyright owners.
9. — (1) Where the owner of the copyright in a musical work or musical works is
known to the manufacturer but does not have a place of residence or business in Sin-
gapore and has not appointed a person residing or carrying on business in Singapore
as his agent for the purpose of doing acts and things required or permitted to be done
by owners of copyright under these Regulations, the royalties payable to the owner in
respect of records of that work or those works may be paid as provided by this
regulation.
(2) The manufacturer shall, before the expiration of 28 days after each accounting
period —
(a) serve by post on the owner of the copyright a statement in relation to the
records sold or supplied by the manufacturer during that accounting period as
provided by regulation 7 (3); and
(b) send to the owner of the copyright an amount equal to the amount of the roy-
alties payable in respect of those records.IP/N/1/SGP/C/4
Page 8
(3) If the owner of the copyright refuses or fails to accept payment of an amount in
respect of any royalties, payment shall, for the purposes of section 56 (3) ( b) of the
Act, be deemed to be constituted by the manufacturer —
(a) depositing an amount equal to the amount of the royalties forthwith after the
refusal or failure in the bank account referred to in regulation 8;
(b) serving by post on the owner of the copyright a notice informing him of the
making of the deposit and requesting his instructions as to the manner in
which the amount is to be paid;
(c) subject to sub-paragraph ( d), maintaining that amount on deposit in that ac-
count until the expiration of a period of 6 years from the date of making of
the deposit; and
(d) if the owner of the copyright furnishes instructions before the expiration of the
period specified in sub-paragraph ( c) as to the manner of payment of the
amount, complying with those instructions.
(4) For the purposes of this regulation, an accounting period, in relation to the owner
of the copyright in a musical work or musical works and the manufacturer, means —
(a) the period of 3 months immediately following —
(i) the date on which the manufacturer first sells or supplies a record of the
work or of any of the works; or
(ii) if the manufacturer fixes an earlier date — that earlier date; or
(b) a period of 3 months immediately following the expiration of the period re-
ferred to in sub-paragraph ( a) or immediately following the expiration of a
period that is an accounting period in relation to those persons by virtue of a
previous application of this sub-paragraph.
Certification of statements.
10. — (1) The correctness of a statement that is required to be served on the owner of
the copyright in a musical work in pursuance of regulations 7 (3) ( a), 8 (1) ( c) and 9
(2) (a) shall —
(a) be certified in writing by an officer of the manufacturer appointed for the
purpose; and
(b) if the owner of the copyright, by notice in writing served on the manufacturer
at least one month before the last day before which the statement is requiredto be served, so requests — be certified in writing by an approved company
auditor, being a person agreed upon by the owner and the manufacturer or, in
the absence of agreement, appointed by the manufacturer.
(2) A statement referred to in paragraph (1) that is required to be served on the owner
of the copyright shall be accompanied by the certificate given in relation to the
statement in accordance with paragraph (1) ( a) and, if a certificate is required to beIP/N/1/SGP/C/4
Page 9
given in relation to the statement in accordance with paragraph (1) ( b), shall also be
accompanied by that other certificate.
(3) For the purposes of this regulation, “approved company auditor” means a person
approved as such under section 9 of the Companies Act.
Cap. 50.
Retail selling price.
11. — (1) For the purposes of section 57 of the Act “retail selling price” means —
(a) if the selling price to the public of the record is marked by the manufacturer of
the record on the label of the record — that price;
(b) if the selling price to the public of the record is not so marked but is specified
in the appropriate price list issued by the manufacturer of the record — the
price so specified; or
(c) if the selling price to the public of the record is not so marked or specified but
other records embodying the same sound recording as, and bearing an
identical label to, the records have been sold to the public in Singapore — the
highest price at which those other records are ordinarily sold to the public inSingapore.
(2) A reference in paragraph (1) to the label of a record shall be read as including a
reference to the label on the container of the record.
Inquiries in relation to previous records of musical works.
12. — (1) The inquiries for the purposes of section 61 of the Act shall be made in
accordance with this regulation.
(2) The inquiries shall —
(a) in relation to a record of a musical work to which sub-paragraph ( b) does not
apply — be made of the owner of the copyright in the musical work; and
(b) in relation to a record of a musical work in which words consisting or forming
part of a literary or dramatic work were sung or spoken — be made of the
owner of the copyright in the musical work and of the owner of the copyright
in the literary or dramatic work.
(3) The inquiries shall be in writing and shall —
(a) state the name, and the address of the place of residence or business, of the
person making the inquiries;
(b) state the title (if any) of the musical work, or of the literary or dramatic work,
as the case may be, and, if the title is not sufficient to enable the work to be
identified, contain a description of the work sufficient for that purpose;IP/N/1/SGP/C/4
Page 10
(c) if the identity of the author of the musical work, or of the literary or dramatic
work, is known to the person making the inquiries — state the name of the
author;
(d) if the inquiries relate to a particular record — contain sufficient information to
enable the record to be identified; and
(e) inquire whether a record of the musical work, of the musical work in which
words consisting or forming part of the literary or dramatic work were sung
or spoken, has previously been made in, or imported into, Singapore by, or
with the licence of, the owner of the copyright in the musical work or in the
literary or dramatic work, as the case may be, for the purpose of retail sale or
for use in making other records for the purpose of retail sale.
(4) Subject to paragraphs (5) and (6), if the owner of the copyright in the musical
work or in the literary or dramatic work resides or carries on business in Singapore,
the inquiries of that owner shall be made by service of the instrument containing the
inquiries on the owner.
(5) Subject to paragraph (6), if the owner of the copyright in the musical work or in
the literary or dramatic work has appointed a person residing or carrying on business
in Singapore as his agent for the purpose of answering inquiries made under section61 of the Act, the inquiries of that owner may be made by service of the instrument
containing the inquiries on the agent.
(6) If a person wishing to make inquiries of the owner of the copyright in a musical
work or in a literary or dramatic work does not know the name, or an address for
service in Singapore, of the owner or a person appointed by the owner as his agent for
the purpose of answering inquiries under section 61 of the Act, the inquiries of that
owner shall be made by publishing the instrument containing the inquiries in theGazette .
(7) For the purposes of section 61 ( b) of the Act, the prescribed period in relation to
receiving an answer to inquiries is —
(a) in the case of inquiries made by the personal delivery of an instrument con-
taining the inquiries — 10 days after delivery of the instrument;
(b) in the case of inquiries made by sending such an instrument by post — 10
days after the date when the instrument would be delivered in the ordinarycourse of post; and
(c) in the case of inquiries made by publication of such an instrument in the Ga-
zette  — 10 days after the date of the Gazette  in which the instrument is
published.
__________