Copyright, Designs and Patents Act 1988, section 182

Consent required for recording, &c. of live performance

Part II Rights in performances

(1)A performer’s rights are infringed by a person who, without his consent—

(a)makes a recording of the whole or any substantial part of a qualifying performance directly from the live performance,

(b)broadcasts live, F493. . . the whole or any substantial part of a qualifying performance,

(c)makes a recording of the whole or any substantial part of a qualifying performance directly from a broadcast of, F494. . . the live performance.

(2)F495. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In an action for infringement of a performer’s rights brought by virtue of this section damages shall not be awarded against a defendant who shows that at the time of the infringement he believed on reasonable grounds that consent had been given.F492]

Definitions used in section 182 2

qualifying performance

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

Defined in s.181(1) · see it in the full Act
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

Cases considering section 182 4

Heythrop Zoological Gardens Ltd (t/a Amazing Animals) & Anor v Captive Animals Protection Society

[2016] EWHC 1370 (Ch) · 20 May 2016

The court treated infringement of the recording right as arguable because consent depended on whether the Code of Conduct limited filming to personal use. The issue remained unresolved because incorporation of the Code was disputed (see paras [41], [44]).

Barrett v Universal-Island Records Ltd. & Ors

[2006] EWHC 1009 (Ch) · 15 May 2006Limits

Applies the consent requirement for recording the whole or a substantial part of a qualifying performance, including recording directly from a live performance or broadcast (see paras [369], [373]-[375]). The court noted the statutory defence to damages where the defendant reasonably believed that consent had been given, although the performers’ claims were resolved principally by consent and transitional arrangements (see para [369]).

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

[2025] EWCA Civ 66 · 6 February 2025Defines

Section 182 is identified as the fixation right. The court noted that section 182A replaced part of the original provision and conferred a related but not identical proprietary right. (see para [18])

What each judgment says about section 182 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F492S. 182 substituted (1.12.1996) by S.I. 1996/2967, reg. 20(1) (with Pt. III)
  2. F493Words in s. 182(1)(b) 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)
  3. F494Words in s. 182(1)(c) 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. F495S. 182(2) 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)

Editorial

  1. X3The 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.