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Section 195

CDPA 1988

Where a person has in his possession, custody or control in the course of a business an illicit recording of a performance, a person having performer’s rights or recording rights in relation to the performance under this Chapter may apply to the court for an order that the recording be delivered up to him or to such other person as the court may direct. An application shall not be made after the end of the period specified in section 203; and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 204 (order as to disposal of illicit recording). A person to whom a recording is delivered up in pursuance of an order under this section shall, if an order under section 204 is not made, retain it pending the making of an order, or the decision not to make an order, under that section. Nothing in this section affects any other power of the court.

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Source: legislation.gov.uk · retrieved 2026-09-04