COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (c) sells an illicit recording of a performance or lets it for hire or offers or exposes it for sale or hire; knowing or having reasonable grounds for believing that it is an illicit recording, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (2) Any person who causes an illicit recording to be performed in public, knowing or having reasonable grounds for believing that it is an illicit recording, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (3) Any person who causes an illicit recording to be broadcast or transmitted in a cable programme service, knowing or having reasonable grounds for believing that it is an illicit recording, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (4) Any person who falsely represents that he is authorised to give consent for the purposes of this Part in relation to a performance, not having reasonable grounds for believing that he is so authorised, shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 79 Rights under Part VII additional to copyright and moral rights The rights conferred on performers and holders of recording rights by this Part shall be independent of and additional to— (a) any copyright subsisting in, or right conferred by Part VI relating to— (i) any work performed in any performance; or (ii) any audio-visual work or other record of any performance; or (iii) any broadcast or cable programme including any performance; or (b) any other right or obligation arising in respect of a performance otherwise than under this Part. PART VIII WORKS OF FOLKLORE 80 Interpretation in Part VIII In this Part⎯ “appropriate local authority” means a local authority to which rights in relation to a work of folklore have been reserved in terms of paragraph (b) of subsection (1) of section eightyone; “community” means a community of persons that has inhabited Zimbabwe continuously since before the year 1890 and whose members share the same language or dialect or the same cultural values, traditions or customs; Act 11/2001 - 45 Chapter 26:01

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