Copyright, Designs and Patents Act 1988, section 181

Qualifying performances

Part II Rights in performances

(1)A performance is a qualifying performance for the purposes of this Part if it meets any of Conditions A to D.

(2)Condition A is that the performance is given by a qualifying individual.

(3)Condition B is that the performance takes place in a qualifying country.

(4)Condition C is that the performance is included in a sound recording and—

(a)the producer of that sound recording is a qualifying individual or a body incorporated under the law of a qualifying country, or

(b)that sound recording is—

(i)first published in a qualifying country, or

(ii)published in a qualifying country within the period of 30 days beginning with the day on which it is first published.

(5)But Condition C is not met if, or to the extent that, the sound recording in question is a copy taken from a previous sound recording.

(6)Condition D is that—

(a)the performance has not been included in a sound recording,

(b)the performance is broadcast, and

(c)the broadcast is—

(i)made from a qualifying country, or

(ii)made by a broadcasting organisation the headquarters of which are situated in a qualifying country.

(7) In subsection (4) (a) , the “producer” of a sound recording means the person who undertakes the arrangements necessary for the making of the sound recording. F489]

Definitions used in section 181 4

performance

(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,

Defined in s.180(2) · see it in the full Act
qualifying individual

“qualifying individual” means a citizen or subject of, or an individual resident in, a qualifying country; and

Defined in s.206(1) · see it in the full Act
qualifying country

“qualifying country” means—

Defined in s.206(1) · see it in the full Act

(za) make provision for the application of this Part to a country by virtue of paragraph (a) or (ba) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions, but those restrictions may only relate to rights which would otherwise apply as a result of—

(i)a performance being a qualifying performance because it meets Condition C or Condition D in section 181, and

(ii)that condition being met by way of a connection to such a country;

(a) make provision for the application of this Part to a country by virtue of paragraph (bb) or (c) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions;

(b) amend the definition of “qualifying country” in subsection (1) so as to add a country which is not a party to the Rome Convention;

(c)make provision for the application of this Part to a country added under paragraph (b) to be subject to specified restrictions.

Defined in s.206(4) · see it in the full Act

(a) make provision for the application of this Part to a country by virtue of paragraph (bb) or (c) of the definition of “qualifying country” in subsection (1) to be subject to specified restrictions;

Defined in s.206(4) · see it in the full Act
published

published, . . .

Defined in s.211(1) · see it in the full Act

Cases considering section 181 4

Experience Hendrix LLC v Purple Haze Records Ltd & Ors

[2007] EWCA Civ 501 · 24 May 2007Interprets

Qualification by country or individual is assessed at the date of alleged infringement, not the date of performance. The present tense cannot bear the contrary meaning because the statutory scheme expressly protects past performances. (see paras [55]-[64])

The American Federation of Musicians of the United States and Canada & Ors, R (on the application of) v The Secretary of State for Science and Technology

[2026] EWHC 91 (Admin) · 21 January 2026Interprets

Section 181 defines qualifying performances. The court held that Conditions C and D, introduced by the 2024 Act, were subject to restrictions expressly authorised by section 206(4)(za). (see paras [41]; [47]-[50]; [135])

Trustees of the AFM and SAG-AFTRA Intellectual Property Rights Distribution Fund v The Secretary of State for Science, Innovation and Technology

[2025] EWHC 1944 (Ch) · 30 July 2025Defines

Defines the relevant concepts of qualifying performance, qualifying individual and qualifying country for the statutory entitlement. The court used those provisions to explain how nationality, residence and place of performance affect entitlement. (see paras [10]-[12])

What each judgment says about section 181 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F489S. 181 substituted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), s. 5(2) (with s. 5(4)-(6)) this amendment (substituted text) is marked as yet to come into force, see the commentary.