Page:Copyright Act 1987.pdf/68

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68
NO. 2 OF 1987


request the Tribunal to hold an inquiry under this section in relation to the royalty, or the minimum royalty, as the case may be, payable in respect of records included in that class.

(4) In this section,

“the relevant provision of this Act” means—
(a) in relation to the royalty payable in respect of any records—section 57(1) or, if that section is affected by regulations made for the purposes of this section, that section as so affected; and
(b) in relation to the minimum royalty payable in respect of any records—section 57(3) and paragraph (b)(i) of section 58 or, if those provisions are affected by regulations made for the purposes of this section, those provisions as so affected.

Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work

60.—(1) Where—

(a) a person makes in Singapore a record comprising the performance of a musical work in which words are sung, or are spoken incidentally to or in association with the music, whether or not there is any other matter comprised in the record;
(b) copyright does not subsist in that work or, if copyright so subsists, the requirements specified in section 56(1) are complied with in relation to that copyright;
(c) the words consist or form part of a literary or dramatic work in which copyright subsists;
(d) a record of the musical work in which those words, or words substantially the same as those words, were sung, or were spoken incidentally to or in association with the music has previously been made in, or imported into, Singapore for the purpose of retail sale and was so made or imported by, or with the licence of, the owner of the copyright in the literary or dramatic work; and