Section 188
Section 188
(1)
Notwithstanding his economic rights, and even where he is no longer the owner of those rights, a performer has the right as regards a live aural performance and a performance fixed in a sound recording –
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
134
BLUV as at 24th December 2013
(a)
to be identified as the performer of his performance, except where omission is dictated by the manner of the use of the performance; and
(b)
to object to any distortion, mutilation or any other modification of his performance which is prejudicial to his honour or reputation.
(2)
None of the rights mentioned in subsection (1) shall be transmissible during the life of the performer, but the right to exercise them shall be transmissible by testamentary disposition or by operation of law following his death.
(3)
A performer may waive any of the rights mentioned in subsection (1), provided that the waiver is in writing and clearly specifies the right waived and the circumstances in which the waiver applies, and provided further that any waiver of the right mentioned in paragraph (b) of subsection (1) specifies the nature and extent of the modification or other action in respect of which it is waived. On the death of a performer, the person upon whom the moral rights have devolved shall have the right to waive those rights.
Exclusive recording contracts and persons having recording rights.