MinLaw and IPOS Are Collecting Comments on Supplementary Legislation Regulating Collective Management Organizations
On November 7th, the Intellectual Property Office of Singapore (IPOS) and the Ministry of Law (MinLaw) opened a public consultation to get input on the proposed subsidiary law governing collective management organizations (CMOS). The Copyright (Collective Management Organizations) Regulations, a subsidiary piece of law, will be created in accordance with the Copyright Act 2021.
Up to December 4th, 2022, there will be a four-week public consultation period. It follows previous consultation initiatives on copyright regime, including a consultation held in 2020 on our collective rights management ecosystem. It is a component of an issue under consideration in Singapore’s copyright legislation.
The purpose of this public consultation is to acquire opinions on the language of the specific provisions of the draft Regulations as well as the additional issues raised in the consultation paper. This includes determining whether any provisions are unclear about their specific applications or face any practical or operational challenges due to their wording. The feedback from past public consultation rounds has been taken into account in the proposed Regulations.
CMOs
CMOs efficiently access such content for users while managing licenses and collecting royalties for usage of copyrighted works and performances on behalf of creators. The success of our copyright regime depends heavily on the efficiency of our collective rights management. In order to guarantee that CMOs carry out their duties effectively, high standards of transparency, governance, accountability and efficiency must be upheld at all times.
A mandatory class licensing scheme is used as the legal basis for the regulation of CMOs in Part 9 of the Copyright Act 2021, which is not yet in effect. All CMOs will be granted automatic licenses under this system, and they will all be required to abide by all relevant license requirements. As the scheme’s regulator, IPOS will have the authority to impose sanctions on CMOs and their officials who violate license terms. The Regulations and Part 9 will both go into effect at the same time.
The class licensing scheme would provide a light-touch regulatory approach, concentrating on crucial areas that will support greater market efficiency and respect fundamental values of transparency, accountability, and good governance without needlessly raising complying expenses and efforts. A dual set of controls will be established under this regulatory framework to ensure compliance and shape good behavior: first, a set of class license conditions that CMOs must adhere to, and second, a set of non-mandatory notes on best practices that will support the license conditions by providing recommendations, examples, and templates to encourage and help CMOs to meet industry and international standards.
New Regulations
The proposed Regulations include the following particular provisions that govern the scheme’s functioning in detail:
- the license conditions that CMOs must comply with; and
- the procedures relating to regulatory actions taken by IPOS, including procedures for making representations, applying for reconsideration, and appealing against such regulatory action.
License Conditions
- Members’ rights: Requiring CMOs to give members key rights in their membership agreements, as well as to establish and comply with a membership policy that sets out a minimum standard for how CMOs manage their relationship with their members.
- Collection and distribution of royalties: Requiring CMOs to establish and comply with a distribution policy, to ensure that the collection and distribution of such monies are in accordance with minimum standards of transparency and accountability.
- Dispute resolution: Requiring CMOs to establish and comply with a dispute resolution policy in dealing with disputes between the CMO and its users, intending users, or members.
- Good governance: Requiring CMOs to put in place safeguards to ensure they operate in a manner that is transparent and accountable, including safeguards relating to board appointments and removals, and baseline financial record-keeping and reporting obligations.
- Provision of information to the public: Requiring CMOs to provide key information relating to their operations and portfolios.
Procedures for representation, reconsideration, and appeal: Setting detailed guidelines for CMOs or their officers to:
- make representations;
- seek for IPOS to reconsider its decision after taking regulatory action;
- appeal to the Minister against IPOS’s reconsidered decision.
Prior to the implementation of the class licensing scheme, there will be a 6-month notice period. During this notice period, CMOs will have the chance to create and put into place the essential policies and procedures as well as adjust their organizational structures and business practices in order to be fully compliant with the plan by the time it goes into effect.
*** Other Articles***
– You could visit here to see Procedure of Singapore Trademark Registration.
– You could visit here to check the required documents for filing trademark in Singapore
– You can also check the Fee of Trademark In Singapore here.
– You could check how to register trademark in Singapore here.
Contact AAA IPRIGHT: Email: [email protected]
Or sending your inquiry by filling the form:
