Copyright

Act, 2004

,

44

(d) 	provide or obtain a rental of the original or a
copy of the performance for the purpose of
direct or indirect commercial advantage
irrespective of the ownership of the original or
copy rented; or
(e) 	make available to the public a fixed
performance by wire or wireless means, in a
way that members of the public may access it
from a place and at a time individually chosen
by them, without the authorisation of the
performer.
(3) A person shall not reproduce a fixation of a
performance where ­
(a) the performance 	is initially fixed without the
authorisation of the performer;
(b) the reproduction is made for a purpose other
than that for which the performer gave the
authorisation; or
(c) 	 the performance is initially fixed in
accordance with this Act but the reproduction
is 	 made for purposes other than those
specified.
(4) Where two or more performers take part in the same
performance as a group, authorisation may be given by
the legal representative of the group or by the leader of
the group.
{5) Onc"" th"" performer has authorised the incorporation
of his or her performance in an audiovisual fixation, the
provisions of subsection ( 1 ) shall have no further
application.

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