Page:Copyright Act 2021.pdf/51

52 What is a copy of a recording of a protected performance

51. A “copy” of a recording of a protected performance is a record—
 * (a) embodying a recording of the performance or a substantial part of the performance; and
 * (b) derived, directly or indirectly, from a record produced upon the making of a recording of the performance or a substantial part of the performance.

Copy of recording of protected performance work includes temporary or incidental copy

52. Making a copy of a recording of a protected performance that is temporary or is incidental to some other use of the recording is to be treated as making a copy of the recording.

{{c|{{big|Subdivision (3)—Publishing}}}

What constitutes publication of an authorial work

53.—(1) Subject to subsection (2) and sections 58, 59 and 60, an authorial work is published only if copies of the work (or of an edition of the work) have been supplied to the public (whether by sale, over the Internet, or otherwise).

(2) The following acts are not to be treated as publishing an authorial work:
 * (a) despite section 39, supplying copies of a substantial part of the work to the public;
 * (b) performing a literary, dramatic or musical work;
 * (c) selling or otherwise supplying records of a literary, dramatic or musical work to the public;
 * (d) exhibiting an artistic work;
 * (e) constructing a building or a model of a building;
 * (f) selling or otherwise supplying photographs of a building, of a model of a building or of a sculpture to the public;