64
Copyright
No. 26
(b) where the reproduction is made for purposes different from
those for which the performer gave authorization; or
(c) where the performance was initially fixed in accordance
with the provisions of section 83:
Provided the reproduction is made for purposes different from
any of those referred to in that section.
(3) A person infringes performers’ rights in a performance fixed
in a sound recording protected under this Act where, without valid
transfer, licence or authorization under this Act, the person in
respect of the sound recording__
(a) distributes copies of the sound recording or audiovisual
fixation to the public, or permits or causes copies of such sound
recording to be distributed to the public, by way of sale, lending,
handout, gift or like manner, or offers or exposes copies of such
sound recording for such distribution, except when the copies
have been sold or otherwise assigned in Malawi or elsewhere by
or with the consent of the producer of the sound recording;
(b) distributes copies of the sound recording, or causes or
permits copies of such sound recording to be distributed to the
public, by way of commercial hire or rental or offers or exposes
copies of such sound recording for such distribution; or
(c) communicates such performance fixed in a sound recording
audiovisual fixation or permits or causes it to be communicated,
to the public in such manner that members of the public may
access the performance from a place and at a time individually
chosen by them.
(4) For reproduction the purposes of this section, the following
shall constitute an infringement of the performers’ right in respect of
any performance protected under this Act__
(a) the reproduction broadcast or other communication to the
public of a performance from a fixation made without the
performer’s consent, and the use of such fixation for public
performance, when such act is made without the performer’s
consent and where equatable remunaration is not paid to the
performer except f the fixation was made in accordance with
section 61 for the purpose of that specific use;
(b) the import into Malawi of copies of a fixation of a
performance, which have been made abroad in such
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