Consent 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) broadcasts 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.