Copyright, Designs and Patents Act 1988, section 182B

Consent required for issue of copies to public

Part II Rights in performances

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

(2)References in this Part to the issue to the public of copies of a recording are to—

(a)the act of putting into circulation in the [F501 UK-EEA areaF501] copies not previously put into circulation in the [F501 UK-EEA areaF501] by or with the consent of the performer, or

(b)the act of putting into circulation outside the [F501 UK-EEA areaF501] copies not previously put into circulation in the [F501 UK-EEA areaF501] or elsewhere.

(3)References in this Part to the issue to the public of copies of a recording do not include—

(a)any subsequent distribution, sale, hiring or loan of copies previously put into circulation (but see section 182C: consent required for rental or lending), or

(b)any subsequent importation of such copies into the United Kingdom or [F502 anF502] EEA state,

except so far as paragraph (a) of subsection (2) applies to putting into circulation in the [F503 UK-EEA areaF503] copies previously put into circulation outside the [F503 UK-EEA areaF503] .

[F504 (3A) In this section “UK-EEA area” means the United Kingdom and the EEA, taken together. F504]

(4)References in this Part to the issue of copies of a recording of a performance include the issue of the original recording of the live performance.

(5) The right of a performer under this section to authorise or prohibit the issue of copies to the public is referred to in [F505 this Chapter F505] as “distribution right”. F500]

Definitions used in section 182B 5

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
rental

(a) “rental” means making a copy of a recording available for use, on terms that it will or may be returned, for direct or indirect economic or commercial advantage, and

Defined in s.182C(2) · see it in the full Act
lending

(b) “lending” means making a copy of a recording available for use, on terms that it will or may be returned, otherwise than for direct or indirect economic or commercial advantage, through an establishment which is accessible to the public.

Defined in s.182C(2) · see it in the full Act
EEA

the EEA,

Defined in s.211(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 182B 6

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

[2026] EWHC 983 (Ch) · 28 April 2026

The court treated section 182B as one of the performers’ property rights covered by the broad contractual consent to exploitation and distribution of the Recordings (see paras [159], [186]-[194]).

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 distribution of recordings. Its application remained potentially affected by the construction of the releases and the scope of original consent, both treated as triable issues. (see paras [74]-[78])

Quick Draw LP v Global Live Events LLP & Ors

[2012] EWHC 2105 (Ch) · 30 July 2012

Applies the provision concerning issuing copies of recordings of performances to the public. Iambic infringed by issuing copies while marketing the Iambic Edit (see para [218]).

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

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F500S. 182B inserted (1.12.1996) by S.I. 1996/2967, reg. 20(2) (with Pt. III)
  2. F501Words in s. 182B(2) substituted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
  3. F502Word in s. 182B(3)(b) substituted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
  4. F503Words in s. 182B(3) substituted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
  5. F504S. 182B(3A) inserted (31.1.2020) by The Intellectual Property (Exhaustion of Rights) (EU Exit) Regulations 2019 (S.I. 2019/265), regs. 1, 4(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
  6. F505Words in s. 182B(5) 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. X5The 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.