(1) In this Act “publication”, in relation to work—
(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,
and related expressions shall be construed accordingly.
(2) 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.
(3) The following do not constitute publication for the purposes of this Act—
(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 purposes 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 purposes 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.
(4) A publication that is merely colourable and is not intended to satisfy the reasonable requirements of the public shall be disregarded for the purposes of this Act except in so far as it may constitute an infringement of copyright or may constitute an offence under this Act.
(5) For the purposes of this Act, a publication in Saint Lucia or in any other country shall not be treated as being other than the first publication by reason only of an earlier publication elsewhere, if the 2 publications took place within a period of not more than 30 days.
(6) Any unauthorised publication or the doing of any other unauthorised act shall be disregarded in determining, for the purposes of this Act—
(a) whether a work has been published;
(b) whether a publication of a work was the first publication of the work; or
(c) whether a work was published or otherwise dealt with in the lifetime of a person.
(7) A publication or other act shall for the purposes of subsection (6), be taken to have been unauthorised if, but only if—
(a) copyright subsisted in the work and the act concerned was done otherwise than by, or with the licence of, the owner of the copyright; or
(b) copyright did not subsist in the work and the act concerned was done otherwise than by, or with the licence of—
(i) the author, or
(ii) persons lawfully claiming under the author.
(8) Neither subsection (6) nor subsection (7) affects any provisions of this Act relating to the acts comprised in copyright or to acts constituting infringements of copyright or offences under this Act.