UK to extend copyright and performers’ rights to India
Here’s the short version: the UK has signed off a legal order that will switch on new copyright and performers’ protections between the UK and India as soon as their trade deal starts. For students, artists and teachers, this is a practical change about how music, shows and broadcasts are treated across borders.
According to legislation published on Legislation.gov.uk (Statutory Instrument 2026/103), the Order was made by the Privy Council on 3 February 2026 and laid before Parliament on 10 February 2026. It comes into force on the day the UK‑India Comprehensive Economic and Trade Agreement enters into force for both countries, so we’ll all be watching for that start date.
What actually changes on copyright? The Government has added India to the list of countries whose broadcasts receive UK copyright recognition. In plain terms, broadcasts coming from India are covered by Part 1 of the Copyright, Designs and Patents Act 1988 in the UK. The Order notes that His Majesty is satisfied India provides (or will provide) adequate protection for UK copyright owners and British performances, which is the legal test for reciprocity.
On performers’ rights, there’s a new designation for India under Part 2 of the Act, which protects performers and people with recording rights. This recognition arrives with one deliberate carve‑out: section 182D-the right to equitable remuneration for exploitation of a sound recording-does not apply to India‑linked performances under this Order.
What is section 182D in everyday terms? It’s the rule that gives performers a share when a commercially released recording of their performance is used-for example, when tracks are played on radio or in a shop. With India carved out of that specific rule, the rest of the performers’ protections still apply, but that extra statutory payment right does not switch on via this Order.
A quick word on ‘broadcasts’. In UK law, a broadcast is a transmission intended for simultaneous reception by the public, and the legislation also refers to ‘wireless broadcasts’. If you’re thinking about streaming, remember that not every online transmission counts as a broadcast; scheduled, linear streams can, but on‑demand uploads usually do not. That’s a useful classroom distinction when comparing platforms.
Why link intellectual property to a trade deal? Trade agreements often include promises about how each country will treat creators and performers from the other side. Here, the Order helps the UK ratify the UK‑India agreement-signed in Buckinghamshire on 24 July 2025-by ensuring reciprocal copyright and performance protections are ready to go.
What this means for creators: if you make a TV programme or give a performance that is broadcast from India, UK law will treat that broadcast as protected here. If you’re an Indian performer whose performance is used in the UK, you gain UK performers’ rights-except the section 182D equitable‑remuneration element mentioned above.
What this means for education settings and audiences: schools, colleges and universities using licensed broadcast material should see no day‑to‑day upheaval. The change is about recognition and payment in the background. It’s a good moment to review what licences your institution relies on and make sure you’re using content through proper educational or public‑performance routes.
Teacher’s note: use this Order to help students practise reading primary sources. Start with the short title, find the commencement clause, and track how it amends the 2016 Order. Then, discuss the policy choice-the decision not to apply section 182D-and explore why a government might include a carve‑out in a reciprocal scheme.
For detail‑hungry readers, the Order updates the 2016 Copyright and Performances (Application to Other Countries) Order by adding India to article 8 on broadcasts, removing India from article 11’s previous approach, inserting a new article 12B for performers’ rights with the section 182D carve‑out, and deleting India’s entry from the Schedule (Part 2) to align the framework.
The Government has not produced a full impact assessment, indicating it expects no-or no significant-effect on the private, voluntary or public sector. If you want the official reasoning, the Explanatory Memorandum is available from the Intellectual Property Office and alongside the instrument on the Legislation UK website.
One final timing reminder: nothing changes in practice until the trade agreement actually takes effect for both the UK and India. Until then, this Order is a ready‑to‑go switch. We’ll keep an eye on the date so you can focus on learning, teaching and creating.