Page:Copyright Act 1987 (Malaysia Act 332).pdf/13

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[Pt. I, S. 4]
14
Act 332

Publication. 4. (1) Subject to this section, for the purposes of this Act—

(a) a literary, musical or artistic work, or an edition of such a work, shall be deemed to have been published only if a copy or copies of the work have been made available with the consent of the author or of any person lawfully claiming under the author in a manner sufficient to satisfy the reasonable requirements of the public, whether by sale or otherwise;
(b) a film shall be deemed to have been published only if a copy or copies of the film have been sold, let on hire, or offered or exposed for sale or hire, with the consent of the author or of any person lawfully claiming under the author in a manner sufficient to satisfy the reasonable requirements of the public; and
(c) a sound recording shall be deemed to have been published only if a copy or copies of such sound recording have been made available with the consent of the author or of any person lawfully claiming under the author in a manner sufficient to satisfy the reasonable requirements of the public.

(2) For the purposes of this Act, the performance of a literary or musical work and the exhibition of an artistic work does not constitute publication of the work.

(3) For the purposes of this Act, a publication shall be deemed to be a first publication in Malaysia if—

(a) the work was first published in Malaysia and not elsewhere; or
(b) the work was first published elsewhere but published in Malaysia within thirty days of such publication elsewhere.

(4) Where in the first instance a part only of a work is published, that part shall be treated for the purposes of this Act as a separate work.