Part II Rights in performances
F1Chapter 2ECONOMIC RIGHTS
Performers' rights
X1184 Infringement of performer’s rights by importing, possessing or dealing with illicit recording.
(1)
A performer’s rights are infringed by a person who, without his consent—
(a)
imports into the United Kingdom otherwise than for his private and domestic use, or
(b)
in the course of a business possesses, sells or lets for hire, offers or exposes for sale or hire, or distributes,
a recording of a qualifying performance which is, and which that person knows or has reason to believe is, an illicit recording.
(2)
Where in an action for infringement of a performer’s rights brought by virtue of this section a defendant shows that the illicit recording was innocently acquired by him or a predecessor in title of his, the only remedy available against him in respect of the infringement is damages not exceeding a reasonable payment in respect of the act complained of.
(3)
In subsection (2) “innocently acquired” means that the person acquiring the recording did not know and had no reason to believe that it was an illicit recording.