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 [F2this 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 [F2this 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 [F2this 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

F1Words 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)

F2Words 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)

F3Words 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)

F6Words 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)