No. 26
Copyright
63
circumstances that if the copies had been made in Malawi, the
fixation or reproduction would have been in contravention of this
Act, provided that the importation is made for the purpose of
making the work available to the public.
(2) For the purposes of this section, the following acts in respect
of a work which is protected under this Act, shall be deemed an
infringement of the rights of the author__
(a) to make the work available to the public without mention
of the name or the pseudonym of the author in the manner
required by proper usage;
(b) to use the work in a manner prejudicial to the honour or
reputation of the author of the work; or
(c) when making the work available to the public, to mention
of the name of the author when the author has demanded that he
be not mentioned, or to fail to state that an alteration does not
derive from the author, if the author has demanded that such a
statement should be made.
(3) Subsection (2) shall apply mutatis mutandis to the director of
audiovisual works protected under this Act.
89.__(1) A person infringes a performers’ rights in a live
performance protected under this Act where, without valid transfer,
licence or authorization under this Act, the person does, permits or
causes another person to__
(a) broadcast such performance or otherwise communicate it to
the public, or permit or cause it to be broadcast or otherwise
communicated to the public, except when the performance is
itself a broadcast performance and the broadcast or
communication is made or authorized by the organization
initially broadcasting the performance; or
(b) make a fixation of such performance or permit or cause a
fixation of it to be made.
(2) A person infringes a performer’s rights with regard to a
fixation of a performance protected under this Act occurs where,
without valid transfer, licence or authorization under this Act, the
person reproduces, fixes, duplicates or extracts, or permits or causes
another person to reproduce, fix, duplicate or extract, such fixation,
or permit or cause such fixation to be reproduced, fixed, duplicated
or extracted in any of the following cases__
(a) where the performance was initially fixed without the
performer’s consent;
Infringem
ent of
performers’
rights