Section 190
ORDERIn forceProvision 189 of 235
Section 190
(1)
The rights of a person having recording rights in relation to a performance are infringed by a person who, without his consent or that of the performer, makes a recording of the whole or any substantial part of the performance, otherwise than for his private and domestic use.
(2)
In an action for infringement of those rights brought under 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.
Infringement of recording rights by use of recording made without consent.