Section 108 gives performers the exclusive right to prevent any person, without the consent of the performer, from exploiting his or her performance; and a person who has recording rights in relation to a performance, shall have the exclusive right to prevent any person, without his or her consent from making a recording of that performance. These rights operate independently of any other copyright or moral right in relation to any work used or performed in the performance.
A performer's rights are infringed by a person who, without his or her consent,
(a) makes, otherwise than for his or her private and domestic use, a record of the whole or any substantial part of a qualifying performance; or
(b) broadcasts live, or includes in a cable programme service, the whole or any substantial part of a qualifying performance.
In an action for infringement of a performer's rights brought by virtue of this section, damages shall not be awarded against a defendant who shows that at the time of the infringement he or she believed, on reasonable grounds, that consent had been given (s. 109)
Section 113 provides that the original phonogram producer and any performer are due remuneration where an eligible original phonogram is made available to the public for commercial purposes. Performers' rights are also infringed where copies of illicit recordings are imported into Saint Kitts and Nevis
Producers of phonograms and broadcast organisations have the right to play or show the work in public. They also have the right to copy and issue copies to the public (which includes the right of rental). Broadcast organisations have the right to broadcast the work or to include it in a cable programme service. Moral rights are also conferred on these three classes of authors/owners.
