6
No. 23555
GOVERNMENT
GAZE7TE.
25 JUNE 2002
~~
Act No. 8,2002
PERFORMERS’PROTECTIONAMENDMENT
ACT, 2002
in the manner agreed upon between the performer and
the person who
or betweentheirrepresentativecollecting
arrangesforsuchfixation,
societies.
(b) In theabsence ofan agreementcontemplated in the proviso to
paragraph (a), any party contemplated in that proviso may refer the matter 5
to the Copyright Tribunal established in terms of section29(1) of the
No. 98 of 1978), or the partiesmay agree to refer
Copyright Act, 1978 (Act
the matter for arbitrationin terms of the ArbitrationAct, 1965 (ActNo. 42
of 1965).
( 5 ) Any payment madein terms of subsection (4) shall
be deemed tohave 10
discharged any obligation by the person who broadcasts or transmits or
causes communicationof the performance topay a royalty to the owner of
any copyright subsisting in that fixation in terms of section 9A of the
Copyright Act, 1978 (Act No. 98 of 1978).
(6) In the event of any right toa royalty being assignedto any successor 15
in title, either by contractual arrangement, operationof law, testamentary
disposition or otherwise, any successor in title shall be entitled to enforce
such right to a royalty against the person who in terms of this section is
obliged to pay or against his or her successor in title.”.
Amendment of section8 of Act 11 of 1967, as amended by section22 of Act 38 of 20
1997
4. Section 8 of the principal Act ishereby amended by the substitution for subsection
(3) of the following subsection:
“(3) (a) A broadcaster may make by means of his or her own facilities a
fixation of a performance and reproductions of such fixation without the 25
consent requiredby section 5, provided that, unless otherwise stipulated, the
fixation or any reproduction thereof(i) [the fixation and the reproductions thereof are used solely in the] is
intended exclusively for broadcasts
[made by the broadcaster]to which
the performer has consented;
30
if they are notof an
(ii) [the fixation and any reproductions thereof]
exceptional documentary character, are destroyed before the end
of the
period of six months commencingon the day on which the fixation was
first made [; and] or such longer period as may be agreed to by the
performer.
35
[(iii) thebroadcasterpaystotheperformer,whoseperformanceis
so
used, in respect of each use of the fixation or of any reproduction
thereof,anequitableremuneration,which,intheabsence
of
agreement, shall be determined in accordance with the provisions
of
the Arbitration Act, 1965 (Act
No. 42 of 1965), or alternatively, at the 40
option of the performer, by the Copyright Tribunal established by
the Copyright Act, 1978 (ActNo. 98 of 1978).]
(b)The fixation and the reproductions
thereof made under the provisions
of
thissubsection may, on the grounds of theirexceptionaldocumentary
character, be preserved in the archives of the [Corporation] broadcaster but 45
shall, subject to the provisions of this Act, not be further used without the
consent of the performer.”.
~~
Short title
5. This Act is called the Performers’ Protection AmendmentAct, 2002.