Page:Copyright Act 2021.pdf/53

54 :(e) a recording of a protected performance.

(2) If a publication of a relevant material is merely colourable and is not intended to satisfy the reasonable requirements of the public—
 * (a) the publication must be ignored for the purposes of this Act; but
 * (b) the publication may be considered to the extent that it may be a rights infringement or an infringement of a moral right under Division 1 or 2 of Part 7.

(3) A publication of a relevant material in Singapore or elsewhere is still the first publication if the publication and every earlier publication take place within a period of 30 days.

(4) An unauthorised act must be ignored in deciding—
 * (a) whether any relevant material is published;
 * (b) whether a publication of any relevant material is the first publication of that material; or
 * (c) whether any relevant material is published in the lifetime of a person.

(5) Subject to section 230(3) (publication of old works deemed to be authorised), an act is unauthorised for the purposes of subsection (4) only if—
 * (a) where the relevant material is a work—
 * (i) copyright subsists in the work and the act is not done by or with the licence of the copyright owner; or
 * (ii) copyright does not subsist in the work and the act is not done by or with the licence of—
 * (A) the author of the authorial work;
 * (B) the publisher of the edition;
 * (C) the maker of the sound recording or film; or
 * (D) any person lawfully claiming under the author, publisher or maker,
 * as the case may be; and