COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (b) made from a broadcast of, or cable programme including, the performance; or (c) made directly or indirectly from another recording of the performance; and “record” shall be construed accordingly. (2) Any reference in this Part to the consent of a performer shall be construed, in relation to a performance by a group of performers, to consent given by— (a) the member of the group who is generally regarded as the group’s leader; or (b) any person to whom the group has given, expressly or impliedly, authority to give such consent. (3) Any reference in this Part to the doing of anything in relation to a performance includes the doing of that thing in relation to a substantial part of the performance. 69 Application of Part VII: qualifying performances This Part shall apply to— (a) any performance which is given in Zimbabwe or in a designated country; and (b) any performance which is given elsewhere than in Zimbabwe or a designated country, if— (i) it is given by a performer who at the time was— A. a citizen of Zimbabwe or a designated country; or B. domiciled or ordinarily resident in Zimbabwe or a designated country; or (ii) it is the subject of an exclusive recording contract under which the holder of recording rights is— A. a citizen of Zimbabwe or a designated country; or B. domiciled or ordinarily resident in Zimbabwe or a designated country; or C. a body corporate incorporated under the law of Zimbabwe or a designated country. 70 Performers’ rights (1) Subject to this Part, a performer has the right to prevent the unauthorised exploitation of any qualifying performance given by him. (2) A performer’s right in terms of subsection (1) is infringed by a person who, without the performer’s consent— (a) makes a recording of a qualifying performance; or (b) broadcasts a qualifying performance live or includes it live in a cable programme service; or (c) by means of an illicit recording, broadcasts a qualifying performance or includes it in a cable programme service; or (d) imports an illicit recording of a qualifying performance into Zimbabwe or exports it from Zimbabwe, otherwise than for his personal and private use; or Act 11/2001 - 41 Chapter 26:01