Page:Copyright Act 1987.pdf/116

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116
NO. 2 OF 1987


a notice that the copy is available for distribution only in Singapore.

(5) No licence shall be granted to an applicant under this section unless—

(a) the applicant has proved to the satisfaction of the Copyright Tribunal that he—had requested and had been denied authorisation by the owner of the copyright in the work to reproduce and publish such work or that he was, after due diligence on his part, unable to find such owner;
(b) where the applicant was, after due diligence on his part, unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air-mail post to the publisher whose name appears from the work not less than 3 months before the application for the licence;
(c) the applicant had informed any national or international centre designated for this purpose by the government of the country in which the publisher of the work to be reproduced is believed to have his principal place of business;
(d) the Copyright Tribunal is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section;
(e) the applicant undertakes to reproduce and publish the work at such price as may be fixed by the Copyright Tribunal being a price reasonably related to the price normally charged in Singapore for works of the same standard on the same or similar subjects;
(f) a period of 6 months in the case of an application for the reproduction and publication of any work of natural science, physical science, mathematics or technology, or a period of 3 months in the case of an application for the reproduction and publication of any other work, has elapsed from the date of making the request under paragraph (a), or where a copy of the request has been sent under paragraph (b), from the date of sending of a copy, and a reproduction of the work has not