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UK applies India performers’ rights, excludes s182D

Westminster has approved an Order in Council aligning performers’ and broadcast protections with India to the UK‑India Comprehensive Economic and Trade Agreement. Crucially, India is designated for reciprocal protection under the Copyright, Designs and Patents Act, but section 182D - the equitable‑remuneration right for public performance and broadcast of sound recordings - is carved out. That is where the money moves for broadcasters, labels and collecting societies.

According to Legislation.gov.uk, the Copyright and Performances (Application to Other Countries) (Amendment) Order 2026 (S.I. 2026/103) was made on 3 February 2026, laid before Parliament on 10 February 2026, and will commence on the date the UK‑India CETA enters into force. The Order applies across the UK, adds India to the countries covered for ‘wireless broadcasts’ and broadcasts, and grants performers’ rights on a reciprocal basis except for section 182D.

In practical terms, section 182D is the UK provision that triggers a statutory royalty when a commercially released recording is played on radio, in a shop or gym, or otherwise communicated to the public. PPL typically administers this income, sharing it between record companies and performers. Removing 182D for India means UK uses of Indian recordings will not generate that statutory equitable‑remuneration pot for Indian performers and producers.

For UK radio, TV and public‑performance licensees, tariff levels do not change because of who is on a playlist, so budgeting remains steady. The change bites at the distribution stage: where Indian repertoire is logged, the 182D carve‑out points to no statutory payout to Indian rightsholders under UK law. In line with collecting‑society practice on non‑reciprocity, those sums are ordinarily retained for eligible repertoires under published distribution rules. Stations with material Bollywood or regional‑Indian rotations should keep cue‑sheets tight to evidence compliance.

For Indian labels and performers, the absence of a UK 182D right narrows one revenue line from the British market. On‑demand streaming is unaffected because it is licensed directly between labels and platforms on an exclusive‑rights basis, and synchronisation continues under contract. For UK stakeholders, inbound claims from India should ease, while outbound claims for UK repertoire played in India should strengthen if Indian law provides the protections the Government has referenced.

The Order also adds India to the UK list for broadcast copyright under Part 1, covering ‘wireless broadcasts’ and other broadcasts. That clarifies licensing where Indian channels or feeds are rebroadcast or communicated in the UK, supporting Indian broadcasters seeking to enforce rights here. Conversely, the Privy Council records that India provides adequate protection for British performances and UK copyright owners, improving confidence for UK content circulating in India.

Compositions sit outside this change. PRS for Music’s songwriter and publisher royalties are not touched by the Order. This measure speaks to performers’ rights in recordings and broadcast copyright; it does not rework publishing income or the direct label‑to‑DSP licensing model for on‑demand streaming.

As of Thursday 12 February 2026, the instrument has been laid but is not yet in force; it will switch on when the UK‑India CETA formally enters into force. Broadcasters, venues and streaming platforms’ editorial teams should review metadata and territory tags for Indian repertoire, confirm PPL reporting is accurate, and refresh royalty forecasts for artists and catalogues with meaningful India exposure. UK labels expecting Indian airplay should align with local partners on how broadcast royalties will be claimed and remitted.

We are watching for a commencement date, PPL guidance on how distributions will reflect the India carve‑out, and any statements from Indian collecting societies on reciprocal processing. For SMEs across media and hospitality, the near‑term message is stable licence fees - and a shift in who ultimately gets paid. The strategic play is market access: strengthened UK protection in India alongside a narrowed UK 182D obligation on Indian repertoire.

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