45
Copyright
Act,
2004,
(6) The performer shall , independently of his or hE
economic rights and even after the transfer of thos
rights as regards h is or her l iv e aural performances an
performances fixed in sound recording, have the
r ight to
(a) claim to be identified as the performer of h is
or her performances, except wher
omission is dictated by the manner of th
use of the performance, and
(b) object to any distortion, m ut ilation or othE
mod ification of his or her performances th
would be prej udicial to his or her reputation
(7) The p rov isions of section 1 0 (2) and (3) apply mutati
mutandis to the rights granted under s ubsection (5);
Performers
right to enter
39. No provision in this Act shall preclude the right of
performer to enter into a contract with any person 0
such terms and conditions as he or she thinks fit for th
use of his or her pe rfo rmance by another person .
Authorisation
relating to
broadcast
40. In the absence of any law or contract to the contral')
into contracts
.the prov isions of section 38 shall not imply a consent to .
(a) l icense other broadcasters to transmit t h
performance;
(b) make a fixation of the performance;
(c) re produce the fixation if the a uthorisation grante,
is to broadcast and make a fixat ion of th,
performance; or