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Secondary infringement: permitting use of apparatus for infringing performances.
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214.—Where the rights of a performer conferred by this Part are infringed by a public performance of a recording of the performance, or by playing or showing the recording in public, by means of apparatus for—
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(a) playing sound recordings,
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(b) showing films, or
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(c) receiving sounds or images or any combination of sounds or images, or the representations thereof, conveyed by any means,
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the following persons shall also be liable for the infringement—
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(i) a person who supplied the apparatus, or any substantial part thereof if, when he or she supplied the apparatus or part thereof—
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(I) he or she knew or had reason to believe that the apparatus was likely to be used to infringe the rights of a performer conferred by this Part, or
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(II) in the case of apparatus the normal use of which involves a public performance, playing or showing, he or she had reason to believe that it would be used to infringe the rights of a performer conferred by this Part;
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(ii) an owner or occupier of premises who gave permission for the apparatus to be brought onto the premises if, when the owner or occupier gave permission, he or she knew or had reason to believe that the apparatus was likely to be used to infringe the rights of a performer conferred by this Part; and
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(iii) a person who supplied a copy of a sound recording or film used to infringe the rights of a performer conferred by this Part if, when the person supplied it, he or she knew or had reason to believe that what was supplied, or a copy made directly or indirectly therefrom, was likely to be used to infringe the rights of a performer conferred by this Part.
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