Section 68 — Performance by operating receiving apparatus

(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 —

(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.