Theatres Act 1968

7 Exceptions for performances given in certain circumstances

(1) Nothing in sections 2 to 4 of this Act shall apply in relation to a performance of a play given on a domestic occasion in a private dwelling.

(2) Nothing in sections 2 to 6 of this Act shall apply in relation to a performance of a play given solely or primarily for one or more of the following purposes, that is to say—

(a) rehearsal; or

(b) to enable—

(i) a record or cinematograph film to be made from or by means of the performance; or

(ii) the performance to be broadcast; or

(iii) the performance to be transmitted to subscribers to a diffusion service ;

but in any proceedings for an offence under section 2, 5 or 6 of this Act alleged to have been committed in respect of a performance of a play or an offence at common law alleged to have been committed in England and Wales by the publication of defamatory matter in the course of a performance of a play, if it is proved that the performance was attended by persons other than persons directly connected with the giving of the performance or the doing in relation thereto of any of the things mentioned in paragraph (b) above, the performance shall be taken not to have been given solely or primarily for one or more of the said purposes unless the contrary is shown.

(3) In this section—

• " broadcast " means broadcast by wireless telegraphy (within the meaning of the [1949 c. 54.] Wireless Telegraphy Act 1949), whether by way of sound broadcasting or television ;

• " cinematograph film " means any print, negative, tape or other article on which a performance of a play or any part of such a performance is recorded for the purposes of visual reproduction;

• " record " means any record or similar contrivance for reproducing sound, including the sound-track of a cinematograph film;

and section 48(3) of the [1956 c. 74.] Copyright Act 1956 (which explains the meaning of references in that Act to the transmission of a work or other subject-matter to subscribers to a diffusion service) shall apply for the purposes of this section as it applies for the purposes of that Act.