Page:Copyright Act 2021.pdf/58

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Subdivision (6)—Performing

What does a performance of an authorial work include

67.—(1) A “performance” of an authorial work—

(a) includes—

(i) any mode of visual or aural presentation of the authorial work, whether the presentation is by—

(A) the use of any receiving apparatus;

(B) the exhibition of a film;

(C) the use of a record; or

(D) any other means; and

(ii) the delivery of the authorial work by way of a lecture, an address, a speech or a sermon; but

(b) does not include the communication of a work to the public.

(2) “Perform”, in relation to an authorial work, has a corresponding meaning.

(3) To avoid doubt, this section applies in relation to an adaptation of a literary, dramatic or musical work as it applies in relation to an authorial work.

Performance by operating receiving apparatus

68.—(1) This section applies where—

(a) any device or equipment is operated to communicate, directly or indirectly, visual images or sounds to a receiving apparatus; and

(b) those images are displayed, or those sounds are emitted, by the receiving apparatus.

(2) The operation of the device or equipment is not a performance.

(3) Insofar as the display of those images or the emission of those sounds is a performance of an authorial work, the performance is deemed to be given—