No. 26
Copyright
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section 80 regarding remuneration to performers and producers
shall apply.
(8) The remuneration in subsection (4), (5) and (7) shall be
collected only through the society.
(9) When there is an agreement with the Society permitting
reproduction or fixation as set out in section 58 (3) of performances,
section 58 shall apply mutatis mutandis, to the use of performances
of performers who are not represented by the Society:
Provided that the agreement has been entered into by the Society
in its capacity of representing, as confirmed by the Minister, a
substantial part of the performers concerned whose habitual
residence is in Malawi.
(10) The protection under this section shall subsist for fifty years
computed from the end of the year in which the performance took
place or in which the fixation of the performance was made, or, if
the fixation is published within that period, from the end of the year
in which the fixation was published for the first time.
76.__(1) A performer shall, as regards his live performances fixed
in a sound ecording or audiovisual fixation, have the right to claim
to be identified as the performer, except where omission is dictated
by the manner of the use of the performance, and to object to any
distortion, mutilation or other modification of his performances that
would be prejudicial to his honour to reputation.
(2) The rights conferred by subsection (1) shall subsist for the
duration of the rights according to section 75, even after the transfer
of any such right, and shall not be transferable except upon and by
reason only of the death of the performer and henceforth such rights
shall be exercisable by his heirs or legal representative.
77.__(1) A written authorization under section 75 may be given
by the performer or by a duly appointed representative to which the
performer has in writing granted the right to give such authorization.
(2) Any authorization given by the performer claiming that he has
retained the relevant rights or by a person claiming to be the duly
appointed representative of a performer shall be considered valid
unless the recipient knew or had good reason to believe that the
claim or appointment, as the case may be, was not a valid one.
78.__(1) Subject to section 83, a producer of a sound recording or
audiovisual fixation shall have the exclusive right to do, or
authorize any other person to do, any of the following acts__
(a) reproduction of the sound recording or audiovisual
fixation;
Moral rights
of
performers
Granting of
authorizatio
n by
performers
Exclusive
rights of
producers of
sound
recordings or
audio visiual
fixations.