Copyright, Designs and Patents Act 1988, section 180

Rights conferred on performers and persons having recording rights

Part II Rights in performances

(1)[F485 Chapter 2 of this Part (economic rights)F485] confers rights—

(a)on a performer, by requiring his consent to the exploitation of his performances (see sections 181 to 184), and

(b)on a person having recording rights in relation to a performance, in relation to recordings made without his consent or that of the performer (see sections 185 to 188),

and creates offences in relation to dealing with or using illicit recordings and certain other related acts (see sections 198 and 201).

[F486 (1A)Rights are also conferred on a performer by the following provisions of Chapter 3 of this Part (moral rights)—

(a)section 205C (right to be identified);

(b)section 205F (right to object to derogatory treatment of performance).F486]

(2) In this Part — “performance” means —

(a)a dramatic performance (which includes dance and mime),

(b)a musical performance,

(c)a reading or recitation of a literary work, or

(d)a performance of a variety act or any similar presentation,

which is, or so far as it is, a live performance given by one or more individuals; and “recording”, in relation to a performance, means a film or sound recording—

(a)made directly from the live performance,

(b)made from a broadcast of F487. . . the performance, or

(c)made, directly or indirectly, from another recording of the performance.

(3)The rights conferred by this Part apply in relation to performances taking place before the commencement of this Part; but no act done before commencement, or in pursuance of arrangements made before commencement, shall be regarded as infringing those rights.

(4)The rights conferred by this Part are independent of—

(a)any copyright in, or moral rights relating to, any work performed or any film or sound recording of, or broadcast F488. . . the performance, and

(b)any other right or obligation arising otherwise than under this Part.F484]

Cases considering section 180 10

Noel Redding Estate Limited & Anor v Sony Music Entertainment UK Limited

[2025] EWCA Civ 66 · 6 February 2025Interprets

Section 180(3) requires pre-commencement arrangements and acts done in pursuance of them; the latter requires a nexus. It does not confer exhaustion and cannot protect a stranger’s acts merely because a performer once consented to recording and earlier exploitation. (see paras [34]; [38]-[43])

Experience Hendrix LLC v Purple Haze Records Ltd & Ors

[2007] EWCA Civ 501 · 24 May 2007Interprets

The provision is an introductory description of Part II, not a limitation confining rights to performers alive at commencement. References to a performer encompass past performances where the context requires. (see paras [21]; [24]-[25]; [75]-[78]) The present-tense definition of performance did not prevent Part II from applying to past performances; the language refers to the past where context requires. (see para [24]) The provision expressly applies Part II rights to pre-commencement performances while excluding infringement by pre-commencement conduct or conduct under pre-commencement arrangements. It supports protection of existing performances without retrospective liability. (see paras [22]; [24]; [59]-[61])

Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Limited

[2026] EWHC 983 (Ch) · 28 April 2026Interprets

The court interpreted section 180(3) as preserving pre-existing arrangements sufficiently wide to permit exploitation after the introduction of performers’ rights. It did not enlarge the Consent or eliminate the need for a nexus between the acts and the arrangement (see paras [258]-[274]).

What each judgment says about section 180 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F485Words in s. 180(1) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 5(1) (with reg. 8)
  2. F486S. 180(1A) inserted 1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 5(2) (with reg. 8)
  3. F487Words in s. 180(1)(4)(a) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)
  4. F488Words in s. 180(1)(4)(a) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 32, 33)
  5. F484Cross-headings before ss. 180, 181 omitted (1.2.2006) and ss. 180, 181 become Pt. 2 Ch. 1 by virtue of The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 4(1)-(3) (with reg. 8)

Editorial

  1. X1The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.