Copyright
Act, 2004 ,
42
(5) Whether a recording of a broadcast is of exceptional
documentary character is a question of fact to be
determined by the broadcaster after taking into
consideration the circumstances of the case and in
particular the need for the enhancement of the historical
and cultural aspects of life in the country.
I
V - PROTECTION
OF PERFORMERS,
PART
ORGANIZATIONS,
BROADCASTING
SOUND
RECORDING PRODUCERS AND AUDIO VISUAL
PRODUCERS
ght of
,rformers
38. ( 1 ) A performer has the economic right and moral
right to a live aural performance and to a performance
fixed in a sound recording and has the exclusive right to
authorise
(a) the broadcast or other communication to the
public of his or her performance, except where
the broadcast or the other communication
(i)
is made from a fixation of the
performance, other than a fixation made
under the terms of section 42 or
without
made
the
otherwise
(ii)
is a re-broadcast made or authorised by
the organization initially broadcast the
performance;
(b) the fixation of his or her unfixed performance;
his or her performance, in any manner or form;