Copyright, Designs and Patents Act 1988

182Consent required for recording or live transmission of performance

(1)A performer’s rights are infringed by a person who, without his consent—

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

(b)broadcast live, or includes live in a cable programme service, the whole or any substantial part of a qualifying performance.

(2)In an action for infringement of a performer’s rights brought by virtue of this section damages shall not be awarded against a defendant who shows that at the time of the infringement he believed on reasonable grounds that consent had been given.