Copyright, Designs and Patents Act 1988, section 182A

Consent required for copying of recording

Part II Rights in performances

(1)A performer’s rights are infringed by a person who, without his consent, makes F497. . . a copy of a recording of the whole or any substantial part of a qualifying performance.

[F498 (1A)In subsection (1), making a copy of a recording includes making a copy which is transient or is incidental to some other use of the original recording.F498]

(2)It is immaterial whether the copy is made directly or indirectly.

(3) The right of a performer under this section to authorise or prohibit the making of such copies is referred to in [F499 this Chapter F499] as “reproduction right”. F496]

Definitions used in section 182A 1

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

Cases considering section 182A 6

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

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

The court treated section 182A as one of the performers’ property rights protected by the Consent and transitional provisions. The Recording Agreement’s broad consent covered acts which would otherwise infringe the right to reproduce recordings (see paras [159], [186]-[194]). The court relied on the inclusion of transient or incidental copies in section 182A(1A) as support for interpreting Regulation 31 as capable of applying to intangible as well as tangible copies (see paras [299]-[301]).

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

[2024] EWHC 128 (Ch) · 29 January 2024

The provision was identified as conferring a performers’ property right concerning reproduction of recordings. The court held that the releases and earlier consent could not conclusively defeat the claim before trial. (see paras [74]-[78])

Quick Draw LP v Global Live Events LLP & Ors

[2012] EWHC 2105 (Ch) · 30 July 2012

Applies the performer’s property-right infringement provisions to Iambic’s copying of recordings when making the Iambic Edit (see paras [218]–[219]). Applies the rule that transient or incidental copies remain relevant to infringement. Iambic’s copies were infringing despite their alleged transient or incidental character (see para [218]).

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

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F496S. 182A inserted (1.12.1996) by S.I. 1996/2967, reg. 20(2) (with Pt. III)
  2. F497Words in s. 182A(1) 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. F498S. 182A(1A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 8(3) (with regs. 31-40)
  4. F499Words in S. 182A(3) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 8 (with reg. 8)

Editorial

  1. X4The 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.