COPYRIGHT AND NEIGHBOURING RIGHTS ACT (AS AMENDED) (a) anything done which would not amount to an infringement of the copyright in the work by virtue of section twenty-seven, twenty-eight, thirty-six, forty-one, forty-two or fortythree; or (b) anything to which the person concerned has consented or in regard to which he has waived his right. 66 Transmission of moral rights Moral rights shall not be transmissible during the lifetime of the person in whom they vest in terms of section sixty-one, sixty-three, sixty-four or sixty-five, as the case may be, but they may be transmitted by testamentary disposition or by operation of law on that person’s death. 67 Enforcement of moral rights Moral rights may be enforced under this Act in all respects as if the persons in whom they vest were owners of copyright and infringements of the rights were infringements of that copyright. PART VII RIGHTS IN PERFORMANCES 68 Interpretation in Part VII (1) In this Part— “exclusive recording contract” means a contract between a performer and another person under which that person is entitled, to the exclusion of all other persons, including the performer, to make a recording of a performance given by the performer; “holder of recording rights” means a person who is entitled, under an exclusive recording contract, to make a recording of a performance given by a performer; “illicit recording”, in relation to a qualifying performance, means a recording of the performance which was made without the consent required by this Part; “performance” means— (a) the performance of a dramatic or musical work; or (b) the reading or recitation of a literary work; or (c) the performance of a variety act or any similar presentation; or (d) the performance of a work of folklore as defined in section eighty; to the extent that it is a live performance given by one or more individuals, and “performer” shall be construed accordingly; “qualifying performance” means a performance to which this Part applies in terms of section sixty-nine; “recording”, in relation to a performance, means an audio-visual work or a sound recording— (a) made directly from the live performance; or Act 11/2001 - 40 Chapter 26:01