Consent and royalty required for adaptation of recording

(1) A performer’s rights are infringed by a person who, without the performer’s consent and payment of royalty at the prescribed rate, uses an original recording of a qualifying performance (whether authorised or not) for the purpose of making an adaptation of the recording. (2) In subsection (1) of this section, “an adaptation of the recording” means a recording in which the performance is accompanied by lyrics or music not contained in the original