Page:Copyright Act 2021.pdf/177

178 (4) To avoid doubt, subsections (1)(b), (2)(b) and (3) do not extend to making the film, recording, work or adaptation available on a network.

(5) If the broadcast or cable programme mentioned in subsection (1), (2) or (3) is not made by or with the licence of the relevant copyright owner—
 * (a) this does not prevent any of those provisions from applying; but
 * (b) the acts that are licensed by those provisions must be taken into account in assessing damages for any infringement of the copyright by the maker of the broadcast or programme.

(6) In this section, “Singapore broadcast” means a broadcast made from a place in Singapore by the holder of a broadcasting licence.

Interpretation and scope of this Division

259.—(1) In this Division—

“musical work” means a musical work in its original form or an adaptation of the work;

“owner”, in relation to the copyright in a literary, dramatic or musical work, means, unless the contrary intention appears, the person who is entitled to authorise the making in, and the importation into, Singapore of records of the works;

“record”, in relation to a musical work, excludes a sound-track of a film;

“sale by retail” or “retail sale”, in relation to a record, does not include—
 * (a) sale for a consideration that does not consist wholly of money; or
 * (b) sale by a person who does not ordinarily carry on the business of making or selling records.