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Rh :(b) where the relevant material is a recording of a protected performance—the act was not done with the authority of the rights owner of the performance.

(6) Subsections (4) and (5) do not affect—
 * (a) any provision of this Act relating to—
 * (i) the acts comprised in a copyright; or
 * (ii) acts constituting rights infringements; or
 * (b) Divisions 1 and 2 of Part 7 (moral rights).

Effect of acts done before appointed day

59.—(1) Sections 53, 54, 55, 56, 57 and 58 do not apply for the purposes of deciding—
 * (a) whether a work has been published by virtue of an act done before the appointed day;
 * (b) whether a publication of a work before the appointed day is the first publication of the work; or
 * (c) whether a work is, by virtue of an act done before the appointed day, published in the lifetime of a person.

(2) Despite the repeal of the 1987 Act, section 24 of that Act applies instead for those purposes (as modified, where applicable, by section 209 of that Act).

(3) In this section, “work” means an authorial work, an edition of an authorial work, a sound recording or a film.

Specific acts that do not constitute publication

60.—(1) The following provisions provide that certain acts in certain circumstances are not to be treated as publication:
 * (a) section 223(4) (publicising public exhibition);
 * (b) section 225(3) (making public collection available on network of public collection);
 * (c) section 226(3) (copying or communicating material for users of public collection);