82

permanently located in a place where they can be viewed by the public,
if the utilization consists in including their image in a photograph ,
i n film or in television broadcast.
Acknowledgement of source

21. (1) Subject to subsection (2), in all printed publications , and in connection
with any communication to the public, of any identifiable expression of folklore,
its source shall be indicated in an appropriate manne r, by mentioning the community
or geographic place from where the expression utilized has been derived.

(2) 	 Subsection (1) shall not apply to utilization referred to in section 19 (2)
(c) and (d).
Authorization

22. (1) Applications for individual or blanket authorization of any utilization
of expressions of folklore subject t(1 uthorization under this Order shall be made
in writing to the Minister.
(2) Where the Minister grants authorization, he may fix the amount of and
collect such fees corresponding to such tariff as he may determine .

(3) Appeals against the decisions of the Minister may be made to court by
the person applying for the authorization or the representative of the interested
community.
Scope of protection

23 (1) The protection of expressions of folklore under this Order shall in no
way be interpreted so as to hinder the normal use , maintenance and development
of such expressions .
(2) This Part shall be in addition to and not in derogation from the other parts
of this Order, or other law applicable to expressions of folklore or international
treaty to which Lesotho is a party relating to the protection of industrial property
or any other forms of protection and preservation of expression of folklore .
PART IV - NEIGHBOURING RIGHTS
Acts requiring authorization of perfomers

24. (1) Without the authorization of the performers, no person shall do any
of the following acts .
(a) the broadcasting or distribution by cable of their performance, except where
the broadcast or distribution by cable ,
(i) 	 is made from a fixation of the performance , other than a fixation made
under section 30 (3); or
(ii) 	 is a broadcasting or distribution by cable of a broadcasting perfomance,
and is made or authorized by the organizati0'1 initially broadcasting
the performance ;
(b) 	the communication to the public of their performance , except where the
communication is made from,

Select target paragraph3