§ 58 — Matters to be considered or ignored for publication, first publication, and publication before death

58.—(1) In this section, “relevant material” means —(a)

an authorial work;

(b)

an edition of an authorial work;

(c)

a sound recording;

(d)

a film; or

(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

(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).

—(1) In this section, “relevant material” means —(a)

an authorial work;

(b)

an edition of an authorial work;

(c)

a sound recording;

(d)

a film; or

(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

(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).