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11. In the case of Messager v. British Broadcasting Company Ltd, reported in (1927) 2 KB 543, the plaintiff who was a composer of a well-known comic opera called "The Little Michus" gave to a theatrical producer the right to perform the opera. The theatrical producer in turn gave a license to the BBC to broadcast the performance the plaintiff sued the BBC for an infringement of his copyright in the opera. One of the defense taken by the BBC was that the broadcast was not a performance in public within the meaning of the copyright Act . 1911. It contended that the performance was in the private studio of the BBC where public was not admitted. By mechanical and electrical devices the performance was heard by the public who possessed radios. The court , however negative the contention. It said that to broadcast an opera by wireless telephony was to 'perform' it 'in public' within the meaning of the English Copyright Act . 1911. It said that whether a performance is in public or not must depend upon the circumstance of each case, will not amount to an infringement of copyright. It said that by broadcasting the opera the defendants clearly gave a public performance. " Instead of gathering the public in to a vast assembly rooms they set in motion certain either waves knowing that millions of receiving instruments in houses and flats were turned to the waves sent forth, and knowing and intending also that acoustic representation of the opera would thereby be given to an enormous number of listeners. " the decision was revered by the Court of Appeal on other grounds relating to the nature of the agreement between the plaintiff., the theatrical producer and the BBC. (Vide (1928) 1 KB 660)