§ 68 — 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 —(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.

—(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.