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(2) Performer’s right in relation to a performance is infringed by a person who, without
the consent of the performer—
(a) shows or plays in public; or
(b) broadcasts or includes in a cable program service;
the whole or any substantial part of the performance by means of a recording which was, and
which that person knows or has reason to believe was, made without the consent of the
performer.
(3) Performer’s right in relation to a performance is infringed by a person who, without
the consent of the performer—
(a) imports into Zambia otherwise than for his private and domestic use; or
(b) in the course of business possesses, sells or lets for hire, offers or exposes for sale
or hire, or distributes;
a recording of a qualifying performance which was, and which that person knows or has
reason to believe was, made without the consent of the performer.
Infringement of recording rights
49.—(1) Recording right in relation to a performance is infringed by a person who,
without the consent of either the performer or the holder of the recording rights, makes,
otherwise than for his private and domestic use, a wording of the whole or any substantial part
of the performance.
(2) Recording right in relation to a performance is infringed by a person who—
(a) without the consent of the holder for the time being of the recording rights; and
(b) in the case of a qualifying performance, without the consent of the performer,
shows or plays in public, or broadcasts or includes in a cable program service, the whole or
any substantial part of the performance by means of a recording which was, and which that
person knows or has reason to believe was, made without the consent of one of those persons.
(3) Recording right in relation to a performance is infringed by a person who—
(a) without the consent of the holder for the time being of the recording rights; and
(b) in the case of a qualifying performance, without the consent of the performer,
imports into Zambia otherwise than for his private and domestic use, or in the course of
business possesses, sells or lets for hire, offers or exposes for sale or hire, or distributes a
recording of the performance which was, and which that person knows or has reason to
believe was, made without the consent of one of those persons.
Acts which do not constitute infringements
50.—(1) Subject to subsection (2), the following acts shall not constitute infringement
of performer’s right or recording right—
(a) fair dealing with a performance or recording for private study or for the purposes of
research done by an individual for his personal purposes, otherwise than for profit;