(iii) where the performance was initially fixed in accordance
with the provisions of section 39, but the reproduction is
made for purposes different from any of those referred to in
that section.
(2) In the absence of any agreement to the contrary or of circumstances of
employment from which the contrary would ordinarily be inferred:
(a) the authorization to broadcast or distribute a performance by
cable does not imply:
(i) an authorization to license another organization to
broadcast or distribute the performance by cable;
(ii) an authorization to fix the performance;
(iii) an authorization to reproduce the fixation; and
(b) the authorization to fix the performance and to reproduce the
fixation does not imply an authorization to broadcast or distribute the
performance by cable from the fixation or any reproduction of such
fixation.
(3) Where the performers have authorized the fixation of their performance
by the broadcaster and the broadcast or distribution by cable of that fixation,
the performer shall have the right to equitable remuneration in respect of any
such broadcast or distribution by cable whether or not such fixation has been
used commercially.
(4) Nothing in this section shall be construed to deprive performers of the
right to agree by contracts on terms and conditions more favourable for them
in respect of any use of their performance.
(5) The protection under this section shall subsist for twenty years computed
from the end of the year in which the performance took place.
Granting of authorization by performers
33. (1) A binding authorization under section 32 may be given by the
performer or by a duly appointed representative to which the performer has
in writing granted the right to give such authorization.
(2) Any authorization given by the performer claiming that he has retained
the relevant rights or by a person claiming to be the duly appointed
representative of a performer shall be considered valid unless the recipient
knew or had good reason to believe that the claim or appointment, as the
case may be, was not a valid one.
32
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