Infringement of recording rights by use of illicit recording.
217.—(1) A person infringes the rights conferred by this Part on a person having recording rights in relation to a performance where he or she, without the consent of the person having recording rights in relation to the performance or, in the case of a qualifying performance, the consent of the performer—
(a) shows or plays in public the whole or any substantial part of the performance, or
(b) broadcasts or includes in a cable programme service the whole or any substantial part of the performance,
by means of a recording which was, and which that person knows or has reason to believe was, made without the appropriate consent.
(2) The reference in subsection (1) to the “appropriate consent” is to the consent of—
(a) the performer, or
(b) the person who, at the time the consent was given, had recording rights in relation to the performance (or, where there was more than one such person, the consent of all of them).