No. 26
Copyright
65
making the performance available to the public by way of
distribution to the public, broadcasting or other communication to
the public or public performance;
(c) the distribution of the infringing copies of a fixation of a
performance or of copies which were imported into Malawi in
contravention of paragraph (b);
(d) commercially renting perfomances fixed in sound
recording or audiovisial fixation when an equitble remunaration
is not paid to the performers;
(e) the direct or indirect use for public performance, for
broadcast or for other communication to the public, of an
infringing copy of a fixation of a performance, or a copy which
was imported into Malawi in contravention of paragraph (b); or
(f) to cause another person to commit or cause or permit any of
the acts mentioned in paragraphs (a) to (d) inclusive.
(5) For the purposes of this section, the following acts in respect
of a live aural performance or such performance fixed in a sound
recording or audiovisual fixation which is protected under this Act
shall be deemed an infringement of the moral rights of the
performer__
(a) to make such performance available to the public without
mention of the name or the pseudonym of the performer, except
where omission of such mention is dictated by the manner of the
use of the performance; and
(b) to use such performance in a manner whereby it is
distorted, mutilated or otherwise modified in a manner which is
prejudicial to the reputation of the performer.
90__A person infringes producers’ rights in sound or audiovisual
fixation recordings where, without valid transfer, licence or
authorization under this Act, the person, in respect of a sound
recording or audiovisual fixation protected under this Act, does,
permits or causes another person to__
(a) reproduce, fix, duplicate or extract such recording or
fixation or permit or cause it to be reproduced, fixed, duplicated
or extracted;
(b) distribute copies of such recording or fixation to the public,
or permit or cause copies of such recording to be distributed to
the public, by way of sale, lending, handout, gift or like manner,
or offer or expose copies of such 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;
Infringemen
t of rights
of
producers
of sound
recordings