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(b) fair dealing with a performance or recording for the purposes of criticism or review,
whether of that performance or any other performance, provided there is a sufficient
acknowledgement;
(c) fair dealing with a performance or recording for the purposes of reporting current
events by broadcasting or by inclusion in a cable program service or by its use in an
audiovisual work;
(d) the recording of a performance or reproduction of a recording for the purposes of
judicial proceedings, or of any other proceedings before a tribunal established by law, or for
the purposes of a report of judicial proceedings or any other such proceedings;
(e) the incidental inclusion of a recording in an audiovisual work, sound recording,
broadcast or cable program;
(f) publishing, broadcasting, inclusion in a cable program service, or the
communication to the public by any other means of anything the making of which was, under
paragraph (e), not an infringement of performer’s right or recording right.
(2) An act which—
(a) conflicts with the normal commercial exploitation of a performance; or
(b) unreasonably prejudices the legitimate commercial interests of the performer or
holder of recording right in a work;
shall not, for the purposes of subsection (1), be treated as fair dealing.
(3) For the purposes of this section, “sufficient acknowledgement” means an
acknowledgement identifying the performer.
Infringement of performer’s right is actionable
51.—(1) An infringement of performer’s right shall be actionable in the court at the suit
of the performer or his successor in title.
(2) An infringement of recording right shall be actionable in the court at the suit of the
holder of the recording right.
(3) In an action under this section, all such relief by way of damages, injunctions,
accounts or otherwise shall be available to the plaintiff as is available in respect of the
infringement of any other property right.
Offence of infringing performer’s or recording right
52. A person who does an act which constitutes an infringement of performer’s right or
recording right in relation to a performance, knowing or having reason to believe that the act
would constitute such an infringement shall be guilty of an offence, and shall be liable on
conviction to a fine not exceeding twenty thousand penalty units or to imprisonment for a
term not exceeding two years, or to both.
False representation of authority to give consent
53.—(1) A person who represents falsely that he is authorised by a person to give
consent for the purposes of this Part in relation to a performance shall be guilty of an offence,