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(a) wilfully deceives others in respect of the source of artefacts or subject
matter of performance or recitations made available to the public by him
in any direct or irrlirect manner, presenting such artefacts or subject matter
as expressions of folklore of a certain community, from where in fact,
they have not been derived;
(b) publicly uses, in any direct or indirect manner, expressions of folklore,
wilfully distorting the same in a way prejudicial to the cultural interests
of the community; or
(c) gives authorization on behalf of performers without being a duly appointed
representative, or knowingly proceeds under such an unlawful
authorization,
commits an offence and is liable on conviction to a fine of M1 ,000 or
to imprisonment for 5 months or to both.
(5) A person who contravenes section 28 (1) or knowingly indicates false data
in relation to the notice referred to in section 28 (1) (a) or (b), commits an offence
and is liable on conviction to a fine of M1 , 000 or to imprisonment for 5 months
or to both.
(6) A person who rebroadcasts, distributes by cable, fixes or reproduces
broadcast of a broadcasting organization without the authorization of that
organization in contravention of section 29 commits an offence and is liable on
conviction to a fine of M7, 200 or to imprisonment for 3 years or to both.
(7) a person who obstructs the Registrar in the exercise of his powers under
section 34 (1) commits an offence and is liable on conviction to a fine of M l ,000
or to imprisonment for 3 months or to both.
PART VIII - GENERAL PROVISIONS
Applications
38.
(1) This Order shall apply to,
(a) works of authors who are nationals of, or have their habitual residence
in Lesotho; and
(b) works first published in Lesotho irrespective of the nationality residence
of their authors.
(2) The provisions of this Order relating to the protection of
expressions of folklore apply to expressions of folklore developed and
maintained in Lesotho.
(3) Protection of performers under this Order is available where,
(a) the performer is a national of Lesotho;
(b) the performance took place in Lesotho;
(c) the performance is fixed in a phonogram qualifying for protection under
subsection (4); or
(d) the performance, which has not been fixed in a phonogram, is embodied
in a broadcast qualifying for protection under subsection (5)
(4) Protection of phonograms under this Order is available where,