Section 12(5)

For the purposes of subsection (3) making available to the public includes— but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act. in the case of a literary, dramatic or musical work— performance in public, or communication to the public; in the case of an artistic work— exhibition in public, a film including the work being shown in public, or communication to the public;

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Source: legislation.gov.uk · retrieved 2026-09-04