An Order in Council made on 3 February 2026 and laid before Parliament on 10 February 2026 amends the Copyright and Performances (Application to Other Countries) Order 2016. It designates India for reciprocal protection in two areas: copyright in broadcasts under Part 1 of the Copyright, Designs and Patents Act 1988, and performers’ rights under Part 2, with a specific exclusion for section 182D.
For broadcasts, the instrument adds India to article 8 of the 2016 Order. This extends UK copyright protection to Indian ‘wireless broadcasts’ and other broadcasts, meaning that re‑use of Indian television and radio signals in the UK engages UK broadcast copyright. UK services that capture, retransmit or otherwise communicate such broadcasts to the public should ensure they have appropriate permissions from the broadcast right holder or its agent.
On performers’ rights, the new article 12B designates India for reciprocal protection under Part 2 of the CDPA but expressly disapplies section 182D. Section 182D is the UK right to equitable remuneration when commercially released sound recordings are played on radio or in public; the Intellectual Property Office confirms that equitable remuneration does not apply to on‑demand streaming services in UK law. (gov.uk)
The amendment also removes India from Part 2 of the Schedule to the 2016 Order (the list covering WPPT parties and WTO members that are not Rome Convention parties), replacing the general list‑based treatment with a bespoke designation through article 12B. In practice, India moves from schedule listing to a tailored reciprocity approach with an explicit carve‑out for section 182D. (wipo.int)
Commencement is tied to the UK–India Comprehensive Economic and Trade Agreement (CETA): the Order comes into force on the day that agreement enters into force for both Parties. As at 11 February 2026, the Government’s published treaty material states the agreement is signed but not yet in force, and the House of Lords International Agreements Committee records that it was laid before Parliament on 21 January 2026 with the CRaG scrutiny period due to end on 5 March 2026. (gov.uk)
The Order records that His Majesty is satisfied that Indian law gives, or will give, adequate protection to UK broadcasters and British performances. India’s Copyright Act enables the Central Government to extend broadcast‑organisation and performer protections to foreign countries by order, providing a legal route for reciprocal protection in India. (wipo.int)
For UK broadcasters and platform operators, the practical effect is tighter rights clearance. Where a service captures, retransmits or otherwise communicates Indian broadcasts to the UK public-whether for linear simulcast, cable, or other modes-broadcast copyright will be engaged and licences should be confirmed or obtained. Distribution and carriage agreements may require review to ensure broadcast‑signal rights for the UK are expressly covered.
For performers and record companies, the section 182D exclusion means that, once the instrument is in force, performances connected with India will not generate UK equitable remuneration when corresponding recordings are played on radio or in public. Other Part 2 protections for performers and producers will still apply. Streaming income is unaffected because equitable remuneration does not extend to on‑demand services. (gov.uk)
Collecting societies, venues and broadcasters should therefore anticipate no change to streaming royalty flows, but should plan to adjust radio and public‑performance reporting and distributions upon commencement. Repertoire databases may need to flag India‑connected recordings for which performer equitable remuneration will not be payable under UK law.
The broadcast changes are broader in scope than the performers’ modification. By recognising copyright in Indian broadcasts, UK law confers enforceable rights in the broadcast signal itself, irrespective of underlying content ownership. This could affect news clipping, sports highlights and IPTV simulcast workflows that rely on off‑air capture or rebroadcast of Indian channels without a licence.
Officials have set out the treaty timetable clearly: the Department for Business and Trade notes that entry into force follows completion of domestic procedures by both Parties, and a written ministerial statement confirms the Government’s intention to ratify promptly, subject to CRaG scrutiny. Implementation of this Order will follow that sequence. (gov.uk)
No full impact assessment accompanies the instrument and government material indicates no, or no significant, impact is expected across the private, voluntary or public sectors. Even so, broadcasters, collecting societies and major venues should prepare limited systems updates and communications to reflect the new designation once a commencement date is confirmed.