Section 23 is amended by repealing subsection (2) and substituting the following subsection:
“(2) For the purposes of subsection (1), a sound recording or film is made available to the public when—
“(a) the work is first—
“(i) published; or
“(ii) communicated to the public; or
“(b) in the case of a film or film sound track,—
“(i) the work is first shown in public; or
“(ii) the work is first played in public.”