Page:Copyright Act 1987.pdf/33

Rh Performance

22.—(1) Subject to this section, a reference in this Act to performance shall—
 * (a) be read as including a reference to any mode of visual or aural presentation, whether the presentation is by the operation of wireless telegraphy apparatus, by the exhibition of a cinematograph film, by the use of a record or by any other means; and
 * (b) in relation to a lecture, address, speech or sermon, be read as including a reference to delivery,

and a reference in this Act to performing a work or an adaptation of a work shall have a corresponding meaning.

(2) For the purposes of this Act, broadcasting, or the causing of a work or other subject-matter to be included in a programme in a cable programme service, shall be deemed not to constitute performance or to constitute causing visual images to be seen or sounds to be heard.

(3) Where visual images or sounds are displayed or emitted by any receiving apparatus to which they are conveyed by the transmission of electro-magnetic signals (whether over paths provided by a material substance or not), the operation of any apparatus by which the signals are transmitted, directly or indirectly, to the receiving apparatus shall be deemed not to constitute performance or to constitute causing visual images to be seen or sounds to be heard but, insofar as the display or emission of the images or sounds constitutes a performance, or causes the images to be seen or the sounds to be heard, the performance, or the causing of the images to be seen or sounds to be heard, as the case may be, shall be deemed to be effected by the operation of the receiving apparatus.

(4) Without prejudice to subsections (2) and (3), where a work or an adaptation of a work is performed or visual images are caused to be seen or sounds to be heard by the operation of any apparatus referred to in subsection (3) or of any apparatus for reproducing sounds by the use of a record, being apparatus provided by or with the consent of the occupier of the premises where the apparatus is situated, the occupier of those premises shall, for the purposes of this Act, be deemed to be