Copyright, Designs and Patents Act 1988, section 182C

Consent required for rental or lending of copies to public

Part II Rights in performances

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

(2)In [F507 this ChapterF507] , subject to the following provisions of this section—

(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

(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.

(3) The expressions “rental” and “lending” do not include—

(a)making available for the purpose of public performance, playing or showing in public [F508 or communication to the publicF508] ;

(b)making available for the purpose of exhibition in public; or

(c)making available for on-the-spot reference use.

(4) The expression “lending” does not include making available between establishments which are accessible to the public.

(5)Where lending by an establishment accessible to the public gives rise to a payment the amount of which does not go beyond what is necessary to cover the operating costs of the establishment, there is no direct or indirect economic or commercial advantage for the purposes of this section.

(6)References in [F507 this ChapterF507] to the rental or lending of copies of a recording of a performance include the rental or lending of the original recording of the live performance.

(7)In [F507 this ChapterF507] —

“rental right” means the right of a performer under this section to authorise or prohibit the rental of copies to the public, and

“lending right” means the right of a performer under this section to authorise or prohibit the lending of copies to the public. F506]

Definitions used in section 182C 3

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
communication to the public

communication to the public,

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

Cases considering section 182C 3

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

[2026] EWHC 983 (Ch) · 28 April 2026

The court treated section 182C as one of the performers’ property rights covered by the broad contractual consent to exploitation 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 rental of recordings. The court declined to determine conclusively whether earlier consent or releases exhausted the right at the summary stage. (see paras [74]-[78])

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

[2025] EWCA Civ 66 · 6 February 2025Defines

Section 182C was identified as conferring performers’ rental and lending property rights. The court treated infringement claims under that provision as subject, for purposes of the appeal, to the section 180(3) analysis. (see paras [18]; [26]; [32])

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

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F506S. 182C inserted (1.12.1996) by S.I. 1996/2967, reg. 20(2) (with Pt. III)
  2. F507Words in s. 182C(2)(6)(7) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 8 (with reg. 8)
  3. F508Words in s. 182C(3)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg.2(1), Sch. 1 para. 6(2)(c) (with regs. 31-40)

Editorial

  1. X6The 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.