Page:Copyright Act 2021.pdf/210

Rh

Restriction of remedies if conditions met

315.—(1) The purpose of this Subdivision is to restrict the remedies available against a NCP or NSP for rights infringements arising from their activities, but only if certain conditions are met.

(2) If a NCP commits a rights infringement to which section 316 (transmission, routing and providing connections) applies and satisfies the conditions for that section—
 * (a) the Court may only grant either or both of the following remedies against the NCP in respect of the rights infringement:
 * (i) an order requiring the NCP to take reasonable steps to disable access to an online location that is physically situated outside Singapore;
 * (ii) an order requiring the NCP to terminate a specified account; and
 * (b) to avoid doubt, the Court must not grant any other remedy (including a monetary remedy) against the NCP in respect of the rights infringement.

(3) If a NCP commits a rights infringement to which section 317, 318 or 319 (system caching, storage, and locating information) applies and satisfies the conditions for the applicable section—
 * (a) the Court may only grant one or more of the following remedies against the NSP in respect of the rights infringement:
 * (i) an order requiring the NSP to—
 * (A) remove an electronic copy (being an infringing copy) from the NSP’s primary network; or
 * (B) disable access to an electronic copy (being an infringing copycopy) [sic] on the primary network or another network;