An Order in Council titled the Copyright and Performances (Application to Other Countries) (Amendment) Order 2026 (SI 2026/103) has been published. It forms part of the UK’s continuing programme of technical updates to the 2016 framework that applies UK copyright and performers’ rights to specified countries. The SI appeared on the UK’s official Daily List of Statutory Instruments on 10 February 2026. (tsoshop.co.uk)
The instrument extends Part 1 of the Copyright, Designs and Patents Act 1988 (CDPA) to broadcasts originating in India and designates India for reciprocal protection under Part 2 on performers’ rights, with section 182D (equitable remuneration for exploitation of a sound recording) expressly disapplied. Commencement is tied to the day the UK–India Comprehensive Economic and Trade Agreement (CETA) enters into force for both parties, rather than to a fixed calendar date.
The commencement linkage matters. The UK–India CETA was signed on 24 July 2025 and was presented to Parliament under the Constitutional Reform and Governance Act (CRaG) on 21 January 2026. Parliamentary scrutiny is scheduled to run until early March 2026, after which ratification and an exchange of notifications must occur before the treaty can enter into force. Until that point, this SI has no legal effect. (gov.uk)
On the copyright side, the SI amends the 2016 Order’s provision on broadcasts so that Part 1 CDPA applies to both wireless and other broadcasts made from India. In practice, this means UK copyright protection will subsist in qualifying Indian-origin broadcasts once the SI commences, aligning India with other countries listed for broadcast protection under article 8 of the 2016 Order. (wipo.int)
On performers’ rights, India is designated for reciprocal protection under Part 2 of the CDPA but with a targeted carve‑out: section 182D does not apply. Section 182D is the UK right that entitles performers to an equitable remuneration share when commercially published recordings of their performances are played in public or communicated to the public; it does not apply to on‑demand streaming. Disapplying section 182D therefore removes the statutory performer share for Indian‑connected recordings in the UK for broadcast and public performance uses, while leaving other Part 2 protections in place. (gov.uk)
For broadcasters and public‑performance licensees, the operational change is principally one of repertoire recognition and reporting once the Order commences. Indian broadcasts will attract UK copyright protection under Part 1, requiring standard licensing where relevant. Collective management organisations and rightsholders should review data mapping and distribution rules to ensure Indian‑connected recordings are processed in line with the section 182D carve‑out once it takes effect.
Structurally, the SI removes India from the schedule that previously treated it solely by reference to multilateral membership and instead inserts a specific designation article. That approach mirrors earlier technical updates made to the 2016 Order in 2021 and 2024 to implement new trade commitments and treaty accessions, while tailoring performers’ equitable‑remuneration coverage. (statutoryinstruments.parliament.uk)
Policy context is important. Government documentation confirms that Chapter 30 of the UK–India CETA sets the entry‑into‑force mechanics, and that the agreement was not yet in force at the time of parliamentary presentation. Businesses should therefore plan on the basis that the SI will commence only when both sides complete ratification and exchange notifications, after which the treaty (and this Order) will take effect. (gov.uk)