Copyright Act, 2005
Act 690
(3) Where a performer has given a performance under a contract of
employment or of service, the extent and conditions under which the employer of
the performer may use the performance or authorise others to use it shall be
determined by reference to the nature of the contract of employment or service
unless agreed otherwise.
(4) The consent of the elected representati ve of a group participating in
choral, orchestral or stage performance shall satisfy the conditions of subsection (2)
and where the group has no representati ve, the consent of the performers belonging
to the group shall be expressed by the consent of the leader of the group.
Duration of performer's right
29. The rights of a performer in respect of the performance are protected for a
period of seventy years starting from the end of the calendar year in which the
performance was fixed on a physical medium or in the absence of such a fixation,
from the end of the calendar year in which the performance took place.
Performer'sright to contract
30. Subject to sections 5 and 28 (3) a provision in this Act shall not preclude the
right of a performer to enter into a contract with any person on such terms and
conditions, as the performer considers appropriate for the use of the performance
by another person.
Moral rightsofa performer
31. A performer has the right independent of the economic rights of the owner
and even after the transfer of those rights,
(a) to requireto be identifiedwiththe performer's live oral performancesand
performances fixed in phonograms; and
(b) to object to any distortion, multilation or other modification of a
personal performance which would be prejudicial to the reputation
of the performer.
Authorisation relatingto broadcast
32. In the absence of any law or contract to the contrary, the provisions of
section 28 shall not imply a consent to
(a) licence other broadcasters to transmit the performance,
(b) make a fixation of the performance,
(c) reproduce the fixation ifthe authorisation granted is to broadcast
and make a fixation of the performance, or
(d) broadcast the performance from a previous fixation or from the
reproduction of the fixation where initial permission was given solely
to enable the broadcasting of the performance.
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