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Legislative Texts
SOUTH AFRICA
include a reference to the doing of that act in relation to a substantial part of the performance, the fixation or
the reproduction, as the case may be.
2. Relation to copyright protection.–The rights created by this Act shall in no way restrict or affect
the rights provided for by any other law relating to copyright in literary and artistic works.
3. Protection of performers’ rights in respect of performances in the Republic.–Performers shall
be granted the protection provided for in section 5 of this Act in respect of their performances–
(a) taking place,
(b) broadcast without a fixation, or
(c)
first fixed,
in the Republic.
4. Extension of protection of performers’ rights to performances in convention countries.–The
protection granted to performers by this Act shall, subject to such limitations as may hereinafter be
prescribed, be extended automatically to performers in respect of their performances–
(a) taking place.
(b) broadcast without a fixation, or
(c)
first fixed,
in a country which, being a party to the International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organizations, by law grants in its territory similar rights to
performers in respect of their performances in the Republic.
5. Restrictions on use of performances.–
(1) Subject to the provisions of this Act, no person shall without the consent of the performer–
(a) broadcast or communicate to the public a performance of such performer, unless the
performance used in the broadcast or the public communication is itself already a broadcast
performance or is made from a fixation of the performance or from a reproduction of such a
fixation; or
(b) make a fixation of the unfixed performance of such performer; or
(c)
make a reproduction of a fixation of a performance of such performer–
(i) if the original fixation, other than a fixation excluded by section 8 from the necessity for
obtaining the consent of the performer, was itself made without his consent; or
(ii) if the reproduction is made for purposes other than those in respect of which such
performer gave his consent to the making of the original fixation or of a reproduction
thereof; or
(iii) if the original fixation was made in accordance with the provisions of section 8, and the
reproduction is made for purposes not covered by those provisions.
(2) In the absence of an agreement to the contrary, a performer’s consent to the broadcasting of his
performance shall be deemed to include his consent to the rebroadcasting of his performance, the fixation of
his performance for broadcasting purposes, and the reproduction for broadcasting purposes of such fixation.
6. Collective performances.–
(1) Where several performers as a group take part in the same performance, it shall suffice if the
consent required under section 5 is given by the manager or other authority in charge of the group or, failing
such authority, by the leader of the group.
(2) In the case referred to in subsection (1) a single payment for the use of the performance shall,
unless otherwise stipulated, be made to the manager or other authority in charge of the group or, failing such
manager or authority, to the leader of the group, and the manager or authority or leader, as the case may be,
shall distribute the proceeds as agreed by the performers or, in default of agreement, the right to remuneration
of the respective performers shall be determined in accordance with the provisions of the Arbitration Act,
ZA005EN
Performers Protection, Act, 10/02/1967, No. 11
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