Infringement of performer’s rights by use of recording made without consent

A performer’s rights are infringed by a person who, without the performer’s consent, (a) shows or plays in public the whole or any substantial part of a qualifying performance; or 110 (b) broadcasts or includes in a cable programme service the whole or any substantial part of a qualifying performance, by means of a recording which was, and which that person knows or has reason to believe was, made without the performer’s consent.