Copyright, Designs and Patents Act 1988

18 (1) The showing or playing in public of a broadcast F1 . . . to an audience who have not paid for admission to the place where the broadcast F1 . . . is to be seen or heard does not infringe any right conferred by [F2 this Chapter] in relation to a performance or recording included in— U.K.

(a) the broadcast F1 . . . , or

(b) any sound recording [F3 (except so far as it is an excepted sound recording)] or film which is played or shown in public by reception of the broadcast F1 . . . .

[F4 (1A) The showing or playing in public of a broadcast to an audience who have not paid for admission to the place where the broadcast is to be seen or heard does not infringe any right conferred by [F2 this Chapter] in relation to a performance or recording included in any excepted sound recording which is played in public by reception of the broadcast, if the playing or showing of that broadcast in public—

(a) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) is necessary for the purposes of—

(i) repairing equipment for the reception of broadcasts;

(ii) demonstrating that a repair to such equipment has been carried out; or

(iii) demonstrating such equipment which is being sold or let for hire or offered or exposed for sale or hire.]

(2) The audience shall be treated as having paid for admission to a place—

(a) if they have paid for admission to a place of which that place forms part; or

(b) if goods or services are supplied at that place (or a place of which it forms part)—

(i) at prices which are substantially attributable to the facilities afforded for seeing or hearing the broadcast F6 . . . , or

(ii) at prices exceeding those usually charged there and which are partly attributable to those facilities.

(3) The following shall not be regarded as having paid for admission to a place—

(a) persons admitted as residents or inmates of the place;

(b) persons admitted as members of a club or society where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing broadcasts F6 . . . is only incidental to the main purposes of the club or society.

(4) Where the making of the broadcast F6 . . . was an infringement of the rights conferred by [F2 this Chapter] in relation to a performance or recording, the fact that it was heard or seen in public by the reception of the broadcast F6 . . . shall be taken into account in assessing the damages for that infringement.

(5) Expressions used in this paragraph have the same meaning as in section 72.

Textual Amendments

F1 Words in Sch. 2 para. 18(1) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)

F2 Words in Sch. 2 para. 18(1)(1A)(4) substituted (1.2.2006) by The Performances (Moral Rights, etc.) Regulations 2006 (S.I. 2006/18), reg. 2, Sch. para. 9 (with reg. 8)

F3 Words in Sch. 2 para. 18(1)(b) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 21(2)(a) (with regs. 31-40)

F4 Sch. 2 para. 18(1A) inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 21(2)(b) (with regs. 31-40)

F5 Sch. 2 para. 18(1A)(a) omitted (1.1.2011) by virtue of The Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010 (S.I. 2010/2694), art. 4(2)

F6 Words in Sch. 2 para. 18(2)(b)(i)(3)(4) repealed (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 2(2), Sch. 2 (with regs. 31-40)