- (a) the copies of such edition are not made available in Singapore; or
- (b) such copies have not been put on sale in Singapore for a period of 6 months,
by the owner of the right of reproduction or by any person authorised by him in this behalf to the general public, or in connection with systematic instructional activities at a price reasonably related to that normally charged in Singapore for comparable works, any qualified person may apply to the Copyright Tribunal for a licence to reproduce and publish such work in printed or analogous forms of reproduction at the price at which such edition is sold or at a lower price for the purposes of systematic instructional activities.
(2) Every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy of the work to be reproduced.
(3) Every applicant for a licence under this section shall, along with his application, deposit with the Copyright Tribunal such fee as may be prescribed.
(4) Where an application is made to the Copyright Tribunal under this section, it may, after holding such inquiry as may be prescribed, grant to the applicant a licence, not being an exclusive licence to produce and publish a reproduction of the work mentioned in the application subject to the conditions that,—
- (a) the applicant shall pay to the owner of the copyright in the work royalties in respect of copies of the reproduction of the work sold to the public, calculated at such rate as the Copyright Tribunal may, in the circumstances of each case, determine in the prescribed manner, except that the royalties shall be consistent with the standards normally operating in the case of licences freely negotiated between persons in Singapore and owners of reproduction rights in the country of the owner of the reproduction right.
- (b) a licence granted under this section shall not extend to the export of copies of the reproduction of the work outside Singapore and every copy of such reproduction shall contain
