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]
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. |