§ NEW SECTIONS 3A AND 3B
§ Special defences
§ 3A. Notwithstanding anything in the preceding provisions of this Act, it shall be a defence to any proceedings under this Act to prove—
- (a) that the record, cinematograph film or broadcast to which the proceedings relate was made only for the purpose of reporting current events, or
- (b) that the inclusion of the performance in question in the record cinematograph film or broadcast to which the proceedings relate was only by way of background or was otherwise only incidental to the principal matters comprised or represented in the record, film or broadcast.
§ Consent on behalf of performers
§ 3B. Where in any proceedings under this Act it is proved
- (a) that the record, cinematograph film or broadcast to which the proceedings relate was made with the consent in writing of a person who, at the time of giving the consent, represented that he was authorised by the performers to give it on their behalf. and
- (b) that the person making the record, film or broadcast had no reasonable grounds for believing that the person giving the consent was not so authorised.