39Infringement by permitting place of public entertainment to be used for performance of work

39  Infringement by permitting place of public entertainment to be used for performance of work  (1) The copyright in a literary, dramatic or musical work is infringed by a person who permits a place of public entertainment to be used for the performance in public of the work, where the performance constitutes an infringement of the copyright in the work.  (2) This section does not apply where the person permitting the place to be so used establishes:  (a) that he or she was not aware, and had no reasonable grounds for suspecting, that the performance would be an infringement of the copyright; or  (b) that he or she gave the permission gratuitously, or for a consideration that was only nominal or, if more than nominal, did not exceed a reasonable estimate of the expenses to be incurred by him or her by reason of the use of the place for the performance.  (3) In this section, place of public entertainment includes any premises that are occupied principally for purposes other than public entertainment but are from time to time made available for hire for purposes of public entertainment.