No. 26
Copyright
51
74. The protection granted under this Part relating to rights of
performers, producers of sound recordings, broadcasters and
publishers shall not in any way, affect copyright in a work under this
Act and no provision in this Part shall be construed so as to affect
copyright in any such work, nor shall the protection granted under
this Part to rights of one category of owners of rights affect rights of
another category.
Rights of
performers,
etc., of
sound
recordings
and
publishers
not to affect
copyright
75.__(1) Subject to section 83, performers shall enjoy the
exclusive right to do, or authorize any other person to do, any of the
following acts__
Exclusive
rights of
performers
(a) broadcasting or other communication to the public of their
unfixed performance except where the performance thus used is
itself a broadcast performance and the broadcast or
communication is made or authorized by the organization
initially broadcasting the performance;
(b) fixation of their unfixed performance;
(c) reproduction in any manner or form of their performance in
any of the following cases__
(i) where the performance was initially fixed without the
performer’s consent;
(ii) where the reproduction is made for purposes different
from those for which the performer gave authorization; or
(iii) where the performance was initially in accordance with
the provisions of section 83 but the reproduction is made for
purposes different from any of those referred to in that section;
(d) the distribution by way of sale and lending to the public of
their performance fixed in a sound recording;
(e) communication to the public of their performance fixed in
a sound or audiovisual fixation , when the communication is
made in such a way that members of the public may access the
performance from a place and at a time individually chosen by
them and;
(f) making available to the public, of his fixed perfomance by
wire or wireless means in such a way that members of the public
may access the perfomance from time to time.
(2) Tangible copies of a performance fixed in a sound recording
which have been sold or otherwise assigned by or with the consent
of the performers may, regardless of whether the transfer of the copy
occurred in Malawi or elsewhere, be distributed to the public: