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- (a) makes the prescribed inquiries; and
- (b) receives no answer within the prescribed time.
(3) Subsection (1) does not apply to making a record of an adaptation of a musical work if the adaptation debases the work.
(4) Subsection (1) does not apply in relation to—
- (a) a record of the whole of a musical work unless the previous records mentioned in subsection (1)(b) are records of the whole of the work; and
- (b) a record of a part of a musical work unless the previous records mentioned in subsection (1)(b) are records of, or include, that part of the work.
Conditions for including literary or dramatic work in musical record
261.—(1) This section applies where—
- (a) a person (X) makes a record of a performance of a musical work; and
- (b) in the recorded performance, some or all of the words of a literary or dramatic work are sung, or spoken, incidentally to or in association with the music.
(2) The making of the record is a permitted use of the literary or dramatic work if—
- (a) the record is made in Singapore;
- (b) either—
- (i) the making of the record is a permitted use of the musical work under section 260; or
- (ii) copyright does not subsist in the musical work;
- (c) records of the musical work have previously been made in Singapore, or imported into Singapore, for retail sale or for making other records for retail sale;
