Copyright Act 1994

171 Consent required for recording or live transmission of performance

• (1) A performer's rights are infringed by a person who, without the performer's consent,—

  • (a) makes, otherwise than for his or her private and domestic use, a recording of the whole or any substantial part of a performance; or

  • (b) communicates live to the public the whole or any substantial part of a performance.

  (2) In proceedings for infringement of a performer's rights brought under this section, damages shall not be awarded against a defendant who shows that at the time of the infringement the defendant believed on reasonable grounds that the performer's consent had been given.

  Compare: Copyright, Designs and Patents Act 1988 s 182 (UK)

  Section 171(1)(b): substituted, on 31 October 2008, by section 77 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).