Section 63 Copyright Act
Section 63 Copyright Act 2022 is about Right of performers. It is under Part VIII (Performer’s Rights) of the Act.
(1) A performer shall have the exclusive right to control, in relation to his performance, the acts of —
(a) fixation of his unfixed performance ;
(b) reproduction of a fixation of his performance, in any manner or form, if the —
(i) original fixation, other than a fixation excluded by section 68 from the necessity for obtaining the consent of the performer, was itself made without his consent ;
(ii) reproduction is made for purposes other than those in respect of which such performer gave his consent to the making of the original fixation or of a reproduction ; or
(iii) original fixation was made in accordance with the provisions of section 68 and the reproduction is made for purposes not covered by those provisions ;
(c) distribution to the public by sale or other transfer of ownership, of a fixation of his performance, or copies, that have not been subject to a distribution authorised by the performer ;
(d) broadcasting or communicating to the public an unfixed performance of such performer, unless the performance used in the broadcast or communication to the public is itself a broadcast performance ;
(e) renting or lending to the public or public lending of a fixation or copies of the fixation of his performance irrespective of the ownership of the copy rented or lent ; and
(f) making available to the public of his fixed performance by wire or wireless means, in a way that members of the public may access them from a place or at a time individually chosen by them.
(2) In this Part, “performance” includes a —
(a) dramatic performance, which includes dance and mime;
(b) musical performance ; and
(c) reading or recitation of literary act or any similar presentation which is a live performance given by one or more individuals.
(3) In this Part, “performer” includes actors, singers, musicians, dancers, and other persons, who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore irrespective of whether the work was fixed or only fixed during performance.
