(b) are broadcast without a fixation thereof; or
(c) are first fixed,
in Namibia or in any other 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
Namibia.
47 Restrictions on use of performances
(1) Subject to the provisions of this Part, 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
fixation;
(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 made in accordance with section 50, was itself
made without his or her consent;
(ii) if the reproduction is made for purposes other than those in respect of which such
performer gave his or her consent to the making of the original fixation or of a reproduction
thereof; or
(iii) if the original fixation was made in accordance with section 50, and the reproduction is
made for purposes not covered by that section.
(2) In the absence of an agreement to the contrary, a performer's consent to the broadcasting
of his or her performance shall be deemed to include his or her consent to(a) the rebroadcasting of such performance;
(b) the fixation of such performance for broadcasting purposes; and
(c) the reproduction for broadcasting purposes of such fixation.
48 Collective performances
(1) Where several performers take part as a group in the same performance, it shall suffice,
for the purposes of section 47, if consent is given by the manager or other authority in charge
of the group or, in the absence of such a manager or authority, by the leader of the group.
(2) In a case contemplated in subsection (1), and unless otherwise stipulated, payment for the
use of the performance shall be made by way of a single payment to the manager or other
authority in charge of the group or, in the absence of such a manager or authority, to the
leader of the group.
(3) Any payment made in accordance with subsection (2) to a manager, authority or leader
referred to in that subsection shall be distributed by him or her as agreed by the performers,