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NO. 22 OF 2021
- (a) by the operation of the receiving apparatus; and
- (b) by the occupier of the premises where the receiving apparatus is situated—
- (i) whether or not the occupier operated the receiving apparatus; but
- (ii) only if the receiving apparatus is provided by or with the consent of the occupier.
Performance by operating apparatus for reproducing sounds
69.—(1) This section applies where—
- (a) an authorial work is performed by operating any apparatus for reproducing sounds by using a record; and
- (b) the apparatus is provided by or with the consent of the occupier of the premises where the apparatus is situated.
(2) The occupier is deemed to be the person giving the performance (whether or not the occupier operated the apparatus).
(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.
Subdivision (7)—Causing visual images to be seen or sounds to be heard
Communication not included
70. The communication of a work to the public is not to be treated as causing visual images to be seen or sounds to be heard.
Causing by operating receiving apparatus
71.—(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 a receiving apparatus.
