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(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.
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