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NO. 22 OF 2021
- (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
