53 Power of court in respect of fixations, reproductions and plates made in
contravention of this Part
In any legal proceedings brought by virtue of this Part, the court may order that all fixations,
reproductions of fixations or plates in the possession of the accused or the defendant, which
appear to the court to have been made in contravention of any provision of this Part, be
destroyed or otherwise dealt with as the court may determine.
54 Consent on behalf of performers and criminal liability of unauthorised
agent
(1) Where in any legal proceedings under this Part it is proved(a) that the fixation, the reproduction of a fixation, the broadcast or the public communication
to which the legal proceedings relate, was made with the consent of a person who, at the time
of giving the consent, represented that he or she was authorised by the performer or
performers in question to give such consent on his or her or their behalf; and
(b) that the person by whom the fixation, the reproduction of a fixation, the broadcast or the
public communication was made had no reasonable grounds for believing that the person
giving the consent was not so authorised,
it shall be deemed that the performer or performers had personally consented to the making
of the fixation, the reproduction of the fixation, the broadcast or the public communication, as
the case may be.
(2) Where(a) a fixation, a reproduction of a fixation, a broadcast or a public communication is made
with the consent of a person who, at the time of giving the consent, represented that he or she
was authorised by the performer or performers in question to give it on his or her or their
behalf when, to his or her knowledge, he or she was not so authorised; and
(b) if legal proceedings were brought against the person to whom the consent was given, the
consent would by virtue of subsection (1) afford a defence to those proceedings,
the person who gave the consent shall be guilty of an offence.
(3) A person convicted of an offence under subsection (2) 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.