Page:Copyright Act 2021.pdf/112

Rh :: 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.