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(2) In this Division, where a musical work is comprised partly in one record and partly in another record or other records, all the records are treated as a single record.
(3) Subject to section 260(4), this Division applies in relation to a record of a part of a musical work as it applies in relation to a record of the whole of the work.
Conditions for making musical records
260.—(1) Subject to subsections (3) and (4), it is a permitted use for a person (X) to make a record of a musical work (or of an adaptation of the work) if—
- (a) the record is made in Singapore;
- (b) other records of the work (or of a similar adaptation of the work) have previously been made in Singapore, or imported into Singapore, for retail sale or for making further records for retail sale;
- (c) those other records were made or imported by or with the licence of the copyright owner;
- (d) before making the record, X gives the prescribed notice to the copyright owner;
- (e) X intends to—
- (i) sell the record by retail;
- (ii) supply the record to another person for it to be sold by retail; or
- (iii) use the record to make other records to be sold by retail or supplied to other persons to be sold by retail; and
- (f) in the case of paragraph (e)(i) or (ii), X pays to the copyright owner the prescribed royalty in the prescribed manner and within the prescribed time.
(2) Subsection (1)(b) and (c) is deemed to be satisfied if X, or any person that makes an agreement with X to make and supply the record—
