1 [38.Performer's right.-
(1) Where any performerappears or engages in any performance, he shall have a special right to beknown as the "performer's right" in relation io such performance.
(2) The performer's right shallsubsist until 2 [fifty years] from the beginning of the calendar yearnext following the year in which the performance is made.
(3) During the continuance of aperformer's right in relation to any performance, any person who, without theconsent of the performer, does any of the following acts in respect of the performanceor any substantial part thereof, namely:--
(a) makes a soundrecording or visual recording of the performance; or
(b) reproduces a sound recordingor visual recording of the performance, which sound recording or visualrecording was--
(i) made without the performer'sconsent; or
(ii) made for purposes differentfrom those for which the performer gave his consent; or
(iii) made for purposesdifferent from those referred to in section 39 from a sound recording or visualrecording which was made in accordance with section 39; or
(c) broadcasts theperformance except where the broadcast is made from a sound recording or visualrecording other than one made in accordance with section 39, or is are-broadcast by the same broadcasting organisation of an earlier broadcastwhich did not infringe the performer's right; or
(d) communicates the performanceto the public otherwise than hy broadcast, except where such communication tothe public is made from a sound recording or a visual recording or a broadcast,shall, subject to the provisions of section 39, be deemed to have infringed theperformer's right.
(4) Once a performer hasconsented to the incorporation of his performance in a cinematograph film, theprovisions of sub-sections (1), (2) and (3) shall have no further applicationto such performance.]
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1.Substitutedby Act 38 of 1994, sec. 14, for section 38 w.e.f. 10-5-1995.
2.Substituted by Act 49 of 1999, sec. 4, for"twenty-five years" w.e.f. 15-1-2000.