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Performers' Protection Act, 1967 (Act No. 11 of 1967)

1. Interpretation of terms

 

 

(1) In this Act, unless the context otherwise indicates—

 

"broadcast"

when used as a noun, means a telecommunication service of transmissions consisting of sounds, images, signs or signals which—

(a) takes place by means of electromagnetic waves of frequencies of lower than 3 000 GHz transmitted in space without an artificial conductor; and
(b) is intended for reception by the public or sections of the public,

and, when used as a verb, shall be construed accordingly;

[Definition inserted by section 19(b) of Act No. 38 of 1997]

 

"broadcaster"

means a person who undertakes a broadcast;

[Definition inserted by section 19(b) of Act No. 38 of 1997]

 

"broadcasting"

[Definition deleted by section 19(a) of Act No. 38 of 1997]

 

"collecting society"

means a collecting society established under the Copyright Act, 1978 (Act 98 of 1978);

[Definition inserted by section 1(a) of Act No. 8 of 2002]

 

"Corporation"

[Definition of deleted by section 19(a) of Act No. 38 of 1997]

 

"fixation"

includes storage of—

(a) sounds or images or both sounds and images; or
(b) data or signals representing sounds or images or both sounds and images;

[Definition inserted by section 19(b) of Act No. 38 of 1997]

 

"literary and artistic works"

includes musical, dramatic and dramatico-musical works and expressions of folklore;

[Definition substituted by section 1(b) of Act No. 8 of 2002]

 

"performer"

means an actor, singer, musician, dancer or other person who acts, sings, delivers, declaims, plays in or otherwise performs, literary or artistic works;

 

"phonogram"

means any exclusively aural fixation of sounds of a performance or of other sounds;

 

"rebroadcasting"

means the simultaneous broadcasting by one broadcaster of the broadcast of another broadcaster, and "rebroadcast" has a corresponding meaning;

[Definition substituted by section 19(c) of Act No. 38 of 1997]

 

"reproduction"

means a copy made of a fixation of a performance.

 

(2) Except in so far as the context otherwise requires, any reference in this Act to the doing of an act in relation to a performance, a fixation of a performance or a reproduction of such a fixation, shall be taken to include a reference to the doing of that act in relation to a substantial part of the performance, the fixation or the reproduction, as the case may be.