6 No. 23555 GOVERNMENT GAZE7TE. 25 JUNE 2002 ~~ Act No. 8,2002 PERFORMERS’PROTECTIONAMENDMENT ACT, 2002 in the manner agreed upon between the performer and the person who or betweentheirrepresentativecollecting arrangesforsuchfixation, societies. (b) In theabsence ofan agreementcontemplated in the proviso to paragraph (a), any party contemplated in that proviso may refer the matter 5 to the Copyright Tribunal established in terms of section29(1) of the No. 98 of 1978), or the partiesmay agree to refer Copyright Act, 1978 (Act the matter for arbitrationin terms of the ArbitrationAct, 1965 (ActNo. 42 of 1965). ( 5 ) Any payment madein terms of subsection (4) shall be deemed tohave 10 discharged any obligation by the person who broadcasts or transmits or causes communicationof the performance topay a royalty to the owner of any copyright subsisting in that fixation in terms of section 9A of the Copyright Act, 1978 (Act No. 98 of 1978). (6) In the event of any right toa royalty being assignedto any successor 15 in title, either by contractual arrangement, operationof law, testamentary disposition or otherwise, any successor in title shall be entitled to enforce such right to a royalty against the person who in terms of this section is obliged to pay or against his or her successor in title.”. Amendment of section8 of Act 11 of 1967, as amended by section22 of Act 38 of 20 1997 4. Section 8 of the principal Act ishereby amended by the substitution for subsection (3) of the following subsection: “(3) (a) A broadcaster may make by means of his or her own facilities a fixation of a performance and reproductions of such fixation without the 25 consent requiredby section 5, provided that, unless otherwise stipulated, the fixation or any reproduction thereof(i) [the fixation and the reproductions thereof are used solely in the] is intended exclusively for broadcasts [made by the broadcaster]to which the performer has consented; 30 if they are notof an (ii) [the fixation and any reproductions thereof] exceptional documentary character, are destroyed before the end of the period of six months commencingon the day on which the fixation was first made [; and] or such longer period as may be agreed to by the performer. 35 [(iii) thebroadcasterpaystotheperformer,whoseperformanceis so used, in respect of each use of the fixation or of any reproduction thereof,anequitableremuneration,which,intheabsence of agreement, shall be determined in accordance with the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), or alternatively, at the 40 option of the performer, by the Copyright Tribunal established by the Copyright Act, 1978 (ActNo. 98 of 1978).] (b)The fixation and the reproductions thereof made under the provisions of thissubsection may, on the grounds of theirexceptionaldocumentary character, be preserved in the archives of the [Corporation] broadcaster but 45 shall, subject to the provisions of this Act, not be further used without the consent of the performer.”. ~~ Short title 5. This Act is called the Performers’ Protection AmendmentAct, 2002.