(1)A performer’s rights are infringed by a person who, without his consent, makes . . . a copy of a recording of the whole or any substantial part of a qualifying performance.
(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.
(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
this Chapter
as “reproduction right”.
Cases considering section 182A 6
[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]).
[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])
[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.