The rights of performers, phonogram producers and broadcast organisations are subject to certain limitations. These are:
• Reception and re-transmission of broadcast in cable programme service (s. 83)
• Incidental inclusion (s. 119, s.126)
• Acts done for the purpose of instruction (s. 120)
• Recording of broadcasts or cable programmes by educational establishment (s. 121)
• Acts done to performance or recording for parliamentary proceedings (s. 122)
• Reporting current events (s. 124)
• Playing sound recording for charitable purposes (s. 125)
• Making or use by a prescribed broadcasting organisation for the purpose of maintaining supervision and control over programmes broadcast by that organisation of recordings of those programmes. (s.127)
• Recording broadcast for archival purpose (s. 128)
Section 118 provides that the exceptions and limitations are subject to the fair dealing principles. Section 86 also provides that the Minister may order further exceptions and those specified exceptions must be:
(a) are necessary in the public interest in connection with an event of national importance;
(b) would not conflict with the normal exploitation of the work; and
(c) would not unreasonably prejudice the legitimate interest of the owner of the copyright in the work.
The Order shall also make provision for the payment of equitable remuneration to the copyright owner to be determined. The three-step test in Art. 13 of TRIPS is therefore reflected in the Act and the requirements of Art. 14(6) TRIPS are satisfied.
