the person giving the performance or causing the images to be seen or the sounds to be heard, whether he is the person operating the apparatus or not.
Performance of works or other subject-matter by students, etc
23.—(1) Where a musical work is performed by the students of an educational institution in the premises of the institution or elsewhere in the presence of an audience and is so performed in the course of the activities of the institution, the performance shall, for the purposes of this Act, be deemed not to be a performance in public.
(2) Where a literary or dramatic work is performed by the students of an educational institution in the premises of the institution or elsewhere in the presence of an audience and is so performed in the course of the activities of the institution, the performance shall, for the purposes of this Act, be deemed not to be a performance in public if the audience is limited to persons who are taking part in the instruction or are otherwise directly connected with the place where the instruction is given.
(3) For the purposes of subsection (2), a person shall be deemed to be directly connected with a place where instruction is given if he is a parent, guardian, brother or sister of a student who receives instruction at that place.
(4) Subsections (2) and (3) shall apply in relation to cinematograph films in like manner as they apply in relation to literary, dramatic and musical works but, in the application of those subsections in relation to such films, any reference to performance shall be read as a reference to the act of causing the sounds concerned to be heard or the visual images concerned to be seen.
Publication
24.—(1) Subject to this section, for the purposes of this Act—
- (a) a literary, dramatic, musical or artistic work, or an edition of such a work, shall be deemed to have been published if, but only if, reproductions of the work or edition have been supplied (whether by sale or otherwise) to the public;
