| (1) | [Subsection (1) deleted by section 22(a) of Act No. 38 of 1997] |
| (2) | A performance, a fixation of a performance or a reproduction of such a fixation may be used without the consent required by section 5— |
| (a) | if it is for the purposes of private study or personal and private use; or |
| (b) | if it is for the purposes of criticism or review or for the purpose of reporting on current events, provided that not more than short excerpts from the performance are used and, whenever possible, the performer's name or the names of the leading performers are acknowledged; or |
| (c) | if it is for the purposes of teaching or scientific research; or |
| (d) | if it is for the purpose of legal proceedings; or |
| (e) | if it is for the demonstration of recording, amplifying or similar apparatus, provided that the demonstration is made by a licensed dealer on his premises to a specific client. |
(3)
| (a) | A broadcaster may make by means of his or her own facilities a fixation of a performance and reproductions of such fixation without the consent required by section 5, provided that, unless otherwise stipulated, the fixation or any reproduction thereof— |
| (ii) | if they are not of an exceptional documentary character, are destroyed before the end of the period of six months commencing on the day on which the fixation was first made or such longer period as may be agreed to by the performer. |
| (b) | The fixation and the reproductions thereof made under the provisions of this subsection may, on the grounds of their exceptional documentary character, be preserved in the archives of the broadcaster but shall, subject to the provisions of this Act, not be further used without the consent of the performer. |
[Subsection (3) substituted by section 4 of Act No. 8 of 2002]
| (4) | [Subsection (4) deleted by section 22(c) of Act No. 38 of 1997] |
