COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (d) imports an illicit recording of a qualifying performance into Zimbabwe or exports it from Zimbabwe, otherwise than for his private and domestic use; or (e) in the course of a business, sells or lets for hire, offers or exposes for sale, or distributes an illicit recording of a qualifying performance. (3) In any proceedings for infringement of the right conferred by subsection (1) on a holder of recording rights, it shall be a defence for the person responsible for the alleged infringement to show— (a) in relation to an infringement specified in paragraph (a) or (b) of subsection (2), that he believed on reasonable grounds that— (i) the holder of recording rights had consented to the recording or broadcast being made or to the performance being included in the cable programme service, as the case may be; or (ii) the performer concerned had consented to the recording or broadcast being made or to the performance being included in the cable programme service, as the case may be, and that the performer was entitled to give such consent; (b) in relation to an infringement specified in paragraph (c), (d) or (e) of subsection (2), that he did not know and had no reason to believe that the recording concerned was an illicit recording. 73 Exceptions to rights of performers and holders of recording rights (1) The rights of a performer or a holder of recording rights under this Part shall not be infringed by— (a) anything done in relation to a performance which would not be an infringement of a copyright work by virtue of subsections (1), (2) and (4) of section twenty-five or section twenty-six, twenty-eight, twenty-nine, thirty, thirty-six, forty-one, forty-two, forty-three or forty-four; or (b) such other acts as may be prescribed: Provided that, when prescribing any such acts, the Minister shall have regard to Zimbabwe’s obligations under any international convention, treaty or agreement. (2) A performance of a work of folklore to which Part VIII applies may be recorded for the purpose of including it in an archive which is not maintained for commercial purposes, and such a recording shall not be regarded as infringing the performer’s right under section seventy. 74 Tribunal’s power to give consent on behalf of performer (1) Notwithstanding any other provision of this Part, the Tribunal may, on the application of a person who wishes to make a recording from a previous recording of a qualifying performance, give consent on behalf of a performer where— (a) the identity or whereabouts of the performer cannot be ascertained by reasonable inquiry; or (b) the performer unreasonably withholds his consent. (2) In deciding whether or not to give consent in terms of subsection (1), the Tribunal shall take into account whether or not— Act 11/2001 - 43 Chapter 26:01