Page:Copyright Act 2021.pdf/71

72 the copyright owner (whether the making or importation happened before, on or after the appointed day); and
 * (b) in relation to a protected performance, is a recording of the performance that is—
 * (i) made in Singapore on or after the appointed day in circumstances that constitute an infringing use of the performance under this Act;
 * (ii) made in Singapore before the appointed day in circumstances that constitute an unauthorised use of the performance under the 1987 Act; or
 * (iii) made outside Singapore and imported without the consent of the rights owner of the performance (whether the making or importation happened before, on or after the appointed day).

(2) In subsection (1)(a), “copy”, in relation to an authorial work, means a copy of the work or of an adaptation of the work, but not a copy of a film of the work or adaptation.

What is a flagrantly infringing online location

99.—(1) A “flagrantly infringing online location” is an online location that has been or is being used to flagrantly commit or facilitate rights infringements.

(2) In deciding whether an online location is a flagrantly infringing online location, the following matters must be considered and the appropriate weight must be given to them:
 * (a) whether the primary purpose of the online location is to commit or facilitate rights infringements;
 * (b) whether the online location makes available or contains directories, indexes or categories of the means to commit or facilitate rights infringements;
 * (c) whether the owner or operator of the online location demonstrates a general disregard for copyright or the protection of performances;