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Right to equitable remuneration for exploitation of sound recording.
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208.—(1) A performer has a right to equitable remuneration from the owner of the copyright in a sound recording where the sound recording of the whole or any substantial part of a qualifying performance which has been made available to the public for commercial purposes is—
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(a) played in public, or
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(b) included in a broadcast or cable programme service.
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(2) A performer shall not assign the right to equitable remuneration under this section except to a collecting society for the purpose of enabling the collecting society to exercise that right on his or her behalf.
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(3) The right to equitable remuneration is transmissible by testamentary disposition or by operation of law, as personal or moveable property, and it may be assigned or further transmitted, including by assignment, by any person who legally acquires the right.
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(4) Subject to subsections (5) to (9), the amount of equitable remuneration payable under this section is that which has been agreed by or on behalf of the persons by and to whom it is payable.
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(5) In default of agreement as to the amount of equitable remuneration payable, the person by or to whom it is payable may apply to the Controller for an order under subsection (8).
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(6) Subject to subsection (7), a person to or by whom equitable remuneration is payable may also apply to the Controller—
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(a) to vary any agreement as to the amount payable, or
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(b) to vary any previous determination of the Controller as to the amount payable.
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(7) An application may not be made under subsection (6) within 12 months from the date of the previous determination except with the special leave of the Controller.
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(8) On an application being made under this section, the Controller shall consider the matter and make such order as to the method of calculating and paying equitable remuneration as he or she may determine to be reasonable in the circumstances, having regard to the importance of the contribution of the performer to the sound recording.
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(9) An order made under this section shall have effect from the date on which it is made or such later date as may be specified by the Controller.
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(10) An agreement as to the amount of equitable remuneration payable shall be void in so far as it purports—
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(a) to exclude or restrict the right to equitable remuneration conferred by this section,
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(b) to prevent a person questioning the amount of equitable remuneration, or
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(c) to restrict the powers of the Controller conferred by this section.
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