34
Laws of Malaysia
Act 332
(d) a direct sound recording or film of a performance made
by or under the direction or control of a broadcasting
service who has the consent of the performer to broadcast
the performance, and such recording or film is destroyed
before the end of the period of six months immediately
following the making of the recording or film or such
longer period as may be agreed between the broadcasting
service and the performer;
(e) a direct or an indirect sound recording or an indirect film
of a performance made by a person who reasonably
believes, due to a fraudulent or innocent misrepresentation
made to the person, that the performer has authorized
the making of the recording by the person;
(f) a copy of a sound recording or film referred to in paragraphs
(a), (b), (c) and (d), being a copy made solely for a
purpose referred to in any of those paragraphs;
(g) a copy of a sound recording or film referred to in paragraph
(e), being a copy made solely for the purpose referred
to in that paragraph; and
(h) a copy of a sound recording or film referred to in paragraph
(f), being a copy made—
(i) by a person who believes, due to a fraudulent or
innocent representation made to the person, that
the performer has consented to the making of the
copy; or
(ii) solely for a purpose referred to in paragraphs (a),
(b), (c) and (d).
(4) For the purpose of this section—
“direct” in relation to a sound recording or film of a performance,
means made directly from a performance;
“indirect” in relation to a sound recording or film of a
performance, means made from a broadcast or rebroadcast of the
performance.