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).