§ Clause 46, page 60, leave out lines 10 to 15 and insert ("broadcasting, or the causing of a work or other subject-matter to be transmitted to subscribers to a diffusion service, shall not 1219 be taken to constitute performance, or to constitute causing visual images or sounds to be seen or heard: and where visual images or sounds are displayed or emitted by any receiving apparatus, to which they are conveyed by the transmission of electromagnetic signals (whether over paths provided by a material substance or not), —
- (a) the operation of any apparatus whereby the signals are transmitted, directly or indirectly, to the receiving apparatus shall not be taken to constitute performance or to constitute causing the visual images or sounds to be seen or heard; but
- (b) in so far as the display or emission of the images or sounds constitutes a performance, or causes them to be seen or heard, the performance, or the causing of the images or sounds to be seen or heard, as the case may be, shall be taken to be effected by the operation of the receiving apparatus.
§ (4) Without prejudice to the last preceding subsection, where a work or an adaptation of a work is performed, or visual images or sounds are caused to he seen or heard, by the operation of any apparatus to which this subsection applies, 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 taken to be the person giving the performance. or causing the images or sounds to be seen or heard, whether he is the person operating the apparatus or not.
§ This subsection applies to any such receiving apparatus as is mentioned in the last preceding subsection, and to any apparatus fell-reproducing sounds by the use of a record.")
§ LORD MANCROFT
My Lords, this Amendment is again on an interpretation point. It is in two parts; the first is drafting and the second merely sets out who will be giving a performance for the purpose of the Act. If you put a shilling in a juke box in a saloon or pub, the Amendment makes it clear that you, who actually put the shilling in the box, are not giving the performance for the purposes of this Act. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Mancroft.)