(1) 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 recording of the whole or any substantial part of a qualifying performance; or
(b) broadcasts live, or includes live in a cable programme service, the whole of any substantial part of a qualifying performance;
(c) infringes his or her rights of distribution or right of making available to the public a fixed performance, by wire of wireless means. (Inserted by Act 7 of 1990)
(2) 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.