Section 178
Section 178
(a)
means the issue of copies to the public; and
(b)
includes, in the case of a literary, dramatic, musical or artistic work, making it available to the public by means of an electronic retrieval system.
(2)
In this Order but subject to subsection (4), “commercial publication”, in relation to a literary, dramatic, musical or artistic work, means –
(a)
issuing copies to the public at a time when copies made in advance of the receipt of orders are generally available to the public; or
(b)
making it available to the public by means of an electronic retrieval system.
(3)
In the case of a work of architecture in the form of a building, or an artistic work incorporated in a building, construction of the building shall be treated as equivalent to publication of the work.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
129
BLUV as at 24th December 2013
(4)
The following do not constitute publication for the purpose of this Part, and references to a commercial publication shall be construed accordingly –
(a)
in the case of a literary, dramatic or musical work –
(i)
the performance of the work; or
(ii)
the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purpose of an electronic retrieval system);
(b)
in the case of an artistic work –
(i)
the exhibition of the work;
(ii)
the issue to the public of copies of a graphic work representing, or of photographs of, a work of architecture in the form of a building or a model for a building, a sculpture or a work of artistic craftsmanship;
(iii)
the issue to the public of copies of a film including the work; or
(iv)
the broadcasting of the work or its inclusion in a cable programme service (otherwise than for the purpose of an electronic retrieval system);
(c)
in the case of a sound recording or film –
(i)
the work being played or shown in public; or
(ii)
the broadcasting of the work or its inclusion in a cable programme service.
(5)
References in this Part to publication or commercial publication do not include publication which is merely colourable and not intended to satisfy the reasonable requirements of the public.
(6)
No account shall be taken for the purpose of this section of any unauthorised act.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
130
BLUV as at 24th December 2013
Requirement of signature: application in relation to body corporate.