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- the recording may be accessed by any person on demand; and
- (b) the act is done—
- (i) when the performance is protected;
- (ii) in Singapore; and
- (iii) without the rights owner’s authority.
Infringing use—commercial dealing in unauthorised recordings, etc.
176. Subject to Part 5 (permitted uses), a person makes an infringing use of a protected performance if—
- (a) the person does any of the following acts:
- (i) deals commercially in a recording of the performance;
- (ii) imports a recording of the performance for the purpose of commercially dealing;
- (b) the act is done—
- (i) when the performance is protected;
- (ii) in Singapore; and
- (iii) without the rights owner’s authority; and
- (c) the person knows or ought reasonably to know that the recording—
- (i) is made without the rights owner’s authority; and
- (ii) either—
- (A) is made on or after the appointed day in circumstances that constitute an infringing use of the performance under section 175; or
- (B) was made before the appointed day in circumstances that constitute an unauthorised use of the performance under the 1987 Act.
