COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (a) the previous recording of the performance was made with the performer’s consent and is lawfully in the possession of the person who proposes to make the further recording; (b) the making of the further recording is consistent with the purposes for which, or the arrangements under which, the previous recording was made. (3) The Tribunal shall not give consent in the circumstances referred to in paragraph (b) of subsection (1) unless it is satisfied that the performer’s reasons for withholding his consent do not include the protection of any legitimate interest of his: Provided that, if the performer does not disclose his reasons for withholding his consent, the Tribunal may draw such inferences as it thinks fit. (4) Consent given by the Tribunal in terms of subsection (1) may be on such terms and conditions, including conditions relating to the payment to be made to the performer concerned, as the Tribunal thinks fit to impose. (5) Consent given by the Tribunal in terms of subsection (1) shall be deemed, for the purposes of this Part, to have been given by the performer concerned. 75 Duration of rights of performers and holders of recording rights (1) Subject to subsection (2), the rights conferred by this Part on performers and holders of recording rights shall continue to subsist in relation to a performance until the end of fifty years from the end of the calendar year in which the performance took place. (2) A performer’s right to payment under section seventy-one shall subsist for so long as copyright subsists in the sound recording concerned. 76 Transmission of rights of performers and holders of recording rights (1) The right conferred on a performer by section seventy shall be personal to the performer: Provided that he may dispose of it by will and, upon his death, it shall devolve in the same way as any proprietary right. (2) The right conferred on a holder of recording rights by section seventy-two may be transmitted in the same way as any copyright in terms of Part IV. 77 Enforcement of rights of performers and holders of recording rights The rights conferred by this Part may be enforced under this Act in all respects as if the persons in whom they are vested were owners of copyright and infringements of the rights were infringements of that copyright. 78 Criminal liability for infringement of rights of performers and holders of recording rights (1) Any person who— (a) makes an illicit recording of a performance; or (b) imports an illicit recording of a performance into Zimbabwe or exports it from Zimbabwe, otherwise than for his personal and private use; or (b) in the course of business, possesses an illicit recording of a performance or exhibits it in public or distributes it; or Act 11/2001 - 44 Chapter 26:01