recently, Singapore Department of Law (MinLaw) And Intellectual Property Office of Singapore (IPOS) The new collective management organization was published in the official Gazette (CMO) Secondary legislation for classified licensing schemes—— "2023 Copyright per annum (Collective management organization) regulations" ( " "regulations" " ) , The plan will be 2024 years 5 month 1 Officially come into force. The secondary legislation is based on 2021 Copyright law was enacted.

Collective management organizations facilitate effective licensing of rights through systematic and cost-effective licensing solutions, Plays a key role in the creative sector and the economy. In Singapore, Collective management organizations represent thousands of rights holders, Including songwriters, COMPOSER, lyricist, Record company, author, Publishers and filmmakers.

The licensing scheme aims to improve transparency among collective management organizations, Accountability system, Standards of efficiency and good governance, Achieve a well-functioning collective management ecosystem. The program adopts an approach that targets only critical areas "Low intervention" Supervision mode, At the same time, collective management organizations have the flexibility to operate in these areas. The scheme will not interfere with the fees charged by collective management organizations for the use of materials under their management; Collective management organizations remain free to determine such costs.

According to this plan, Every collective management organization is automatically bound by a mandatory classification license, And subject to all applicable licensing conditions. Because the program is running automatically, Therefore, there is no need to register or pay any fees to become a collective management organization.

As the regulator of the scheme, IPOS The right to take regulatory action against collective management organizations and their officials who violate licensing conditions, Including the issuance of regulatory instructions, Impose penalties or order the collective management organization to cease its collective management operations. At every stage of the regulatory action process (This includes the stage of making a final appeal to the Minister of Justice) , Collective management organizations and their officials have the right to express their views.

"regulations" The licensing conditions that collective management organizations must comply with are specified, And procedural matters relating to collective management organizations. "regulations" Adopted the law Department and IPOS in 2022 years 11 month 7 solstice 2023 years 1 month 4 Feedback received during the public consultation exercise held during the day.

A summary of the main licensing conditions is available at IPOS Consult on official website.

Implementation of the classification licensing scheme

from 2023 years 10 month 31 As of today, Collective management organizations have 6 A month's notice period to adjust its business, In order to license the program in classification 2024 years 5 month 1 The date is the same as the date when it takes effect.

Once the plan takes effect, Singapore's copyright regime will be strengthened, And benefit all key stakeholders in Singapore's collective management ecosystem:

(1) For members of collective management organizations, including individual creators, The plan will give members a number of important rights, Including the right to change or terminate its mandate to the collective management organization, And the right to participate in the operation of its collective management organization. It will also ensure that members receive a regular distribution of income from their collective management organizations, And ensure that these assignments are properly accounted for.

(2) For including individual consumers, Users of collective management organizations, including enterprises and institutions, The program will enable them to make informed decisions, And greater certainty and efficiency in obtaining licenses from collective management organizations. In case of dispute, The plan will require collective management organizations to act in good faith and in a reasonable manner when dealing with disputes.

(3) For collective management organizations, The plan provides a clear set of rules, Does not add unnecessary compliance efforts and costs. Future, IPOS It will also work with industry, Make recommendations, Best practice instructions such as legends and templates, Further encourage and assist collective management organizations to meet industry and international standards.

With regard to 2022 years 11 month 7 diurnal "Regulations on collective management organizations" Summary of major revisions to the draft for public comment, See also: https: //go. gov. sg/cmoregulations. (Be compiled from www. ipos. gov. sg)

TRANSLATORS: Wang Dan　proofread: Rason group



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