(i) a fixation of the performance; or
(ii) a broadcast or distribution by cable of the perfo rmance;
(c) the fixation of their unfIxed perfonnance;
(d) the reproduction of a fixation of their perfo rmance, in any of the following
cases,
(i) where the perfonnance was initially fixed without their authorization;
(ii) where the reproduction is made for purposes different from those
for
which the performers gave their authorization; or
(iii) where the perfonnance was initially fixed in accordance with section
30, but the reprexiuction is made for purposes different from any
of those referred to in that section.
(2) In the absence of any contractual agreement to the contrary or of
circumstances of employrrent from which the contrary wou1d nonnally be inferred,
(a) the authorization to broadcast or distribute by cable does not imply an
authorization,
(i) to license other organizations to broadcast or distribute by cable the
perfo nnance; or
(ii) to fix the performance;
(b) the authorization to broadcast or distribute by cable and fIx the perfo rmance
does not imply an authorization to reproduce the fixation;
(c) the authorization to fix the performance and to reproduce the fixation does
not imply an authorization to broadcast or distribute by cable the
performance from the fixation or any reproduction of such fixation.
(3) On::e the performers have authorized the incorporation of their perfo rmance
in a visual or audiovisual fixation, subsections (1) and (2) (b) and (c) shall have
no further application.
(4) Nothing in this section shall be construed so as to deprive performers of
the right to agree by contract on terms and conditions more favourable for them
in respect of any use of their performances.
(5) Tlr protection under this section shall subsist for twenty years computed
from the eoo of the year in which the perfonnance took place.
Granting of authorization by performers
25. (1) A binding authorization under section 23 may be given by the
performer or by a duly appointed representative to whom he has granted, in writing,
the right to give such authoriz atio n.
(2) Any authorization given by a perfonner claiming that he has retained the
relevant rights or by a person claiming to be the duly appointed representative
of a perforrrer 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.