or failing such an agreement, the right to remuneration of the respective performers shall be
determined in accordance with the provisions of the Arbitration Act, 1965 (Act 42 of 1965)
or, where the majority of the performers so elect, by the Tribunal.
49 Duration of protection of performers rights
(1) The prohibition against the use of a performance without the consent of the performer, as
imposed by section 47, shall commence upon the day when the performance first took place
or, if incorporated in a phonogram, when it was fixed on such phonogram, and shall continue
for a period of 20 years calculated from the end of the calendar year in which the
performance so took place or was so incorporated, as the case may be.
(2) For the purposes of subsection (1), "phonogram" means an exclusively aural fixation of
sounds of a performance or of other sounds.
50 Exceptions from prohibition against use of performance without consent
of performer
(1) If a performer consents to the incorporation of his or her performance in a visual or
audiovisual fixation, section 47(1) shall cease to apply in respect of the performance so fixed.
(2) Notwithstanding section 47(1), a performance, a fixation of a performance or
reproduction of such a fixation may be used without the consent of the performer if such use
is for the purpose of(a) private study or personal and private use;
(b) criticism or review of the performance or any other performance or for reporting on a
current event, provided only short excerpts from the performance, to the extent justified by
the purpose, are used and, where available, the performer's name or the names of the leading
performers are acknowledged;
(c) teaching or scientific research;
(d) judicial proceedings; or
(e) a bona fide demonstration of radio or television receivers or recording or playback
equipment to clients by a dealer in such receivers or equipment.
(3) Notwithstanding section 47 (1), any broadcasting organisation may by means of its own
facilities make a fixation of a performance and reproductions of such a fixation without the
consent of the performer, provided, unless otherwise agreed(a) such fixation or reproduction is used solely in broadcasts made by the broadcasting
organisation;
(b) such fixation or reproduction is, subject to subsection (4), destroyed before the expiration
of a period of six months immediately following the making of the fixation or reproduction;
and
(c) the broadcasting organisation pays to the performer in question, in respect of each
occasion the fixation or reproduction is used, equitable remuneration, which, in the absence
of agreement, shall be determined in accordance with the provisions of the Arbitration Act,
1965 (Act 42 of 1965) or, where the performer so elects, by the Tribunal.