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(1) A person shall not without the authorization of a performer

(a) broadcast or communicate a performance of the performer directly or indirectly to the public except

(i) where the broadcast or communication to the public is made from a previously authorised fixation, or

(ii) where the transmission is one that has been authorised by the broadcasting Organisation that transmits the first performance,

(b) arrange the fixation of a performance not previously fixed on a physical medium,

(c) exercise the right of reproduction of the fixation in any manner or form,

(d) provide the first public distribution of the original or a copy of a fixation of a performance,

(e) 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

(f) 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.

(2) A performer has the exclusive right to authorise or prohibit

(a) the rebroadcasting, rental and distribution of a fixation of the performance,

(b) the fixation of the performance,

(c) the reproduction of a fixation of the performance; or

(d) the communication to the public of the performance except where the performance has been lawfully fixed on audio visual or audio recording media which may be broadcast without the consent of the performer, if the recordings have been published; subject to the payment of equitable remuneration to the performer.

(3) Where a performer has given a performance under a contract of employment or of service, the extent and conditions under which the employer of the performer may use the performance or authorise others to use it shall be determined by reference to the nature of the contract of employment or service unless agreed otherwise.

(4) The consent of the elected representative of a group participating in choral, orchestral or stage performance shall satisfy the conditions of subsection (2) and where the group has no representative, the consent of the performers belonging to the group shall be expressed by the consent of the leader of the group.