[Rev. 2014]
Copyright
(ii)
CAP. 130
is made from broadcast of the performance,
authorized by the performer;
(c) make a fixation of a previously unfixed performance; and
(d) reproduce a fixation of the performance in either of the following cases
—
(i) where the performance was initially fixed without the
authorization of the performer; or
(ii) where the reproduction is made for purposes different from
those for which the performer gave his authorization;
(e) rent for commercial purposes to the public, the original and copies of
their fixed performances;
(f) distribution of a fixation of his performance or copies thereof, to the
public;
(g) the making available to the public of his fixed performance, by wire or
wireless means in such a way that members of the public may access
them from a place or a time individually chosen by them.
(2) In the absence of any contractual agreement to the contrary in
circumstances of employment from which the contrary would normally be inferred
—
(a) the authorization to broadcast does not imply an authorization to
license other organizations to broadcast the performance;
(b) the authorization to broadcast does not imply an authorization to make
a fixation of the performance; and
(c) the authorization to broadcast and fix the performance does not imply
an authorization to reproduce the fixation.
(3) A binding authorisation given under this section may be given by the
performer or by a duly appointed representative to whom he has granted in writing
the right to give such authorisation; and any authorisation given by the performer
claiming that he has retained the relevant rights or by a person claiming to be a
duly appointed representative of a performer shall be considered valid.
(4) Protection of the rights of the performer under this section shall subsist for
fifty years after the end of the year in which the performance was fixed.
(5) The performer shall, during his lifetime, as regards live performances or
performances fixed in phonograms, have the right, independently of his economic
rights, to—
(a) be identified as the performer of his performances and to object to any
distortion, mutilation, or other modification of his performances that
would be prejudicial to his reputation; and
(b) seek relief in connection with any distortion, mutilation or other
modification of, and any other derogatory action in relation to his work,
where such work would be or is prejudicial to his honour or reputation.
C40 - 19
[Issue 3]
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