Section 68 Copyright Act

Section 68 Copyright Act 2022 is about Exceptions to performer’s rights. It is under Part VIII (Performer’s Rights) of the Act.

(1) Where a performer consents to the inclusion of his performance in a visual or audio-visual fixation, section 65 of this Act shall cease to apply in respect of the performance.

(2) The provisions of Part II of this Act, shall apply, with necessary modifications, in respect of performances.

(3) Notwithstanding subsection (2), a performance, a fixation of a performance or a reproduction of such a fixation may be used without the consent required under section 63 of this Act, if it is for the purpose of —
(a) demonstration in good faith of radio or television receivers or recording or playback equipment to clients by a dealer in those receivers or that equipment on his premises ;

(b) reproduction of short extracts from an object of performer’s rights in reports on current events, to the extent justified by that purpose ;
(c) research or private study of an object of performer’s rights kept in publicly accessible libraries, educational establishments, museums or archives, on the premises of the said institutions ;
(d) reproduction for the benefit of people with a disability, which is directly related to the disability and of a non-commercial nature, to the extent required by the disability ; and

(e) making of an ephemeral recording of an object of performer’s rights by broadcasting organisations by means of their own facilities and for their own broadcasts :
Provided that –
(i) the recordings may be preserved for a period not more than 30 days and must be erased after their use for broadcasting, and
(ii) the recordings of an exceptional documentary character may be transferred to designated archives for preservation.