the work is made if the work is made by or under the direction or control of the Government before the appointed day.
(4) This section is subject to section 110(1)(b) (expiration of copyright upon publication).
Interpretation of sections 114 and 115—making available to public; application to works of joint authorship
116.—(1) This section applies for the purposes of sections 114 and 115.
(2) Subject to subsection (3), an authorial work is made available to the public in the following circumstances (but without limiting the expression “made available to the public”):
- (a) the work (or, in the case of a literary, dramatic or musical work, an adaptation of the work) is—
- (i) performed in public;
- (ii) communicated to the public; or
- (iii) published;
- (b) if the work is an artistic work—the work is exhibited in public;
- (c) if the work is an artistic work included in a film—the visual images of the film are seen in public;
- (d) if the work is a building—the building is constructed;
- (e) records of the work (or, in the case of a literary, dramatic or musical work, of an adaptation of the work) are—
- (i) offered to the public (whether or not for sale); or
- (ii) exposed for sale to the public.
(3) An unauthorised act (as defined by section 58(5)) must be ignored in deciding whether an authorial work is made available to the public.
(4) In the case of a work of joint authorship—
- (a) the work has an identified author if any of the joint authors are identified; and
