WIPO Database of Intellectual Property Legislative Texts SOUTH AFRICA (c) who makes, or has in his possession, a plate or similar contrivance for the purpose of making fixations of a performance or reproductions of such fixations in contravention of section 5, shall be guilty of an offence and liable on conviction– (i) in the case of a contravention referred to in paragraph (a), to a fine not exceeding fifty rand or to imprisonment for a period not exceeding three months, and the court convicting him may in addition, on the application of the performer whose rights have been infringed, and without proof of any damages, order him to pay to the performer as damages such amount, not exceeding one hundred rand, as may in the circumstances of the case appear to it to be reasonable; (ii) in the case of a contravention of paragraph (b), to a fine not exceeding ten rand in respect of each fixation or reproduction; and (iii) in the case of a contravention of paragraph (c), to a fine not exceeding one hundred rand or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (2) Any order made under subsection (1) for the payment of damages to a performer may be executed as if it were a civil judgment in favour of that performer. 10. Damages or interdict for infringement of performers’ rights.–Any person who infringes the rights of any performer may be sued in any court of law by such performer for– (a) an amount not exceeding one hundred rand, and such court may, without proof of any damages and in addition to the costs of the action, award as damages such amount, not exceeding the said amount, as may in the circumstances of the case appear to it to be reasonable; or (b) damages or an interdict or for both damages and an interdict, and such court may, in addition to the costs of the action, award such damages as may appear to it to have been suffered by the performer, or award as damages such amount as it may determine in terms of paragraph (a), or grant an interdict or both award damages and grant an interdict. 11. Power of the court in respect of fixations, reproductions and plates made in contravention of this Act.–The court before which any legal proceedings are taken under this Act may order that all fixations, reproductions of fixations or plates (including contrivances similar to plates) in the possession of the accused or the defendant, which appear to the court to have been made in contravention of this Act, be destroyed or otherwise dealt with as the court may in its discretion determine. 12. Consent on behalf of performers and criminal liability of unauthorized agent.– (1) Where in any legal proceedings under this Act it is proved– (a) that the fixation, the reproduction of a fixation, the broadcast or the public communication to which the legal proceedings relate, was made with the consent of a person who, at the time of giving the consent, represented that he was authorized by the performers to give it on their behalf, and (b) that the person who made the fixation, the reproduction of a fixation, the broadcast or the public communication had no reasonable grounds for believing that the person giving the consent was not so authorized, the provisions of this Act shall apply as if it had been proved that the performers had themselves consented to the making of the fixation, the reproduction of the fixation or the broadcast or the public communication, as the case may be. (2) Where– (a) a fixation, a reproduction of a fixation, a broadcast or a public communication is made with the consent of a person who, at the time of giving the consent, represented that he was authorized by the performers to give it on their behalf when, to his knowledge, he was not so authorized, and (b) if legal proceedings were brought against the person to whom the consent was given, the consent would by virtue of subsection (1) afford a defence to those legal proceedings, the person who gave the consent shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred rand, or to imprisonment for a period not exceeding twelve months, or to both such fine and such imprisonment. ZA005EN Performers Protection, Act, 10/02/1967, No. 11 page 4 / 5