(4) A fixation of a performance or a reproduction of such a fixation made in accordance with
subsection (3) may, if it is of exceptional documentary character, be preserved in the archive
of the broadcasting organisation but shall, subject to the provisions of this Part, not be further
used without the consent of the performer.
51 Offences and penalties
(1) A person who(a) knowingly contravenes any provision of section 47 (1);
(b) sells or lets or distributes for the purposes of trade, or by way of trade exposes or offers
for sale or hire, a fixation of a performance or a reproduction of such a fixation which such
person knows was made in contravention of section 47; or
(c) makes, or has in his or her possession, a plate knowing it is to be used for making a
fixation of a performance or a reproduction of such a fixation in contravention of section 47,
shall be guilty of an offence.
(2) A person convicted of an offence under subsection (1) shall(a) in the case of a first conviction, be liable to a fine not exceeding N$ 12 000 or to
imprisonment for a period not exceeding three years or to both such fine and such
imprisonment; or
(b) in the case of a second or any subsequent conviction, be liable to a fine not exceeding
N$20 000 or to imprisonment for a period not exceeding five years or to both such fine and
such imprisonment.
(3) If a person is convicted of an offence referred to in paragraph (a) of subsection (1), the
court may, upon the application of the performer whose right has been infringed, and without
proof of any damages, order such person, in addition to any penalty it may impose under
subsection (2) in respect of such offence, to pay to the performer as damages such amount,
not exceeding N$12 000, as may in the circumstances of the case appear to the court to be
just.
(4) An order for the payment of damages made under subsection (3) may be executed as if it
were a civil judgement given in favour of the performer.
52 Damages or interdict for infringement of performers rights
A person who infringes the right of a performer may be sued in a court of law by such
performer for(a) an amount not exceeding N$12 000, and the court may, without proof of any damages,
and in addition to the costs of the action, award as damages such amount, not exceeding
N$12 000, as may in the circumstances of the case appear to the court to be just; or
(b) damages or an interdict or for both damages and an interdict, and the court may, in
addition to the costs of the action, award such damages as may appear to it to have been
suffered by the performer, or award as damages such amount as it may determine in terms of
paragraph (a), or grant an interdict or both award damages and grant an interdict.