(1)A performer’s rights are infringed by a person who, without his consent, makes available to the public a recording of the whole or any substantial part of a qualifying performance by electronic transmission in such a way that members of the public may access the recording from a place and at a time individually chosen by them.
(2)The right of a performer under this section to authorise or prohibit the making available to the public of a recording is referred to in this Chapter as “making available right.
Cases considering section 182CA 3
[2025] EWCA Civ 66 · 6 February 2025Defines
Section 182CA confers the making available right as a performers’ property right. A previous making available of the same recording does not exhaust that right, so section 180(3) could not operate as an exhaustion rule. (see paras [22]; [26]; [40]-[43])
[2026] EWHC 983 (Ch) · 28 April 2026
The court treated the making available right as covered by the Recording Agreement’s reference to methods now known or later developed, including digital downloading and streaming (see paras [160], [186]-[194]).
[2024] EWHC 128 (Ch) · 29 January 2024
The provision was identified as conferring a performers’ property right concerning making recordings available to the public by electronic transmission. Later digital exploitation could not be assumed to fall within the original consent at this stage. (see paras [74]-[78])
What each judgment says about section 182CA is in the case-law panel in the full Act.