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Amendment of section 208 of Principal Act
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2. Section 208 of the Principal Act is amended—
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(a) by the insertion of the following subsections after subsection (3):
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“(3A) Subject to subsections (3B) to (3E), equitable remuneration less reasonable collecting costs shall be shared equally as between a performer and an owner of the copyright in a sound recording.
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(3B) Where the sharing of equitable remuneration in accordance with subsection (3A) is not acceptable to a performer or an owner of the copyright in a sound recording, an alternative sharing of equitable remuneration as between a performer and an owner of the copyright in a sound recording may be agreed by, or on behalf of, the performer and the owner of the copyright concerned.
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(3C) Where a performer and an owner of the copyright in a sound recording do not reach an agreement under subsection (3B), either party may serve a notice, in such form and manner as the Minister may prescribe, on the other party of its intention to make an application to the Circuit Court under subsection (3D) if no agreement under subsection (3B) is reached within 6 months (or such shorter period as may be agreed by the parties) of service of the notice.
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(3D) Where a notice has been served under subsection (3C) and the period referred to in that subsection has expired without an agreement under subsection (3B) having been reached, either party may make an application to the Circuit Court for an order to determine how the equitable remuneration shall be shared as between the parties concerned.
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(3E) The Circuit Court, on application to it in that behalf under subsection (3D) may, having regard, inter alia, to the importance of the performer’s contribution to a sound recording which is the subject of the application concerned, make such order as to the sharing of equitable remuneration as between the performer and the owner of the copyright in a sound recording as the Circuit Court determines to be just and reasonable.
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(3F) Subject to subsection (3G), a party to an order under subsection (3E) or (3H) may apply to the Circuit Court to vary that order where a change in circumstances has occurred since the order was made, relevant to the particulars of that order.
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(3G) An application under subsection (3F) may not be made within 12 months from the date on which the order in respect of the application was made except with the leave of the Circuit Court.
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(3H) The Circuit Court, on application to it in that behalf under subsection (3F), having regard, inter alia, to the importance of the performer’s contribution to a sound recording which is the subject of the order concerned and, in particular, the change in circumstances that has occurred since the order was made relevant to the particulars of that order, may—
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(a) confirm the order, or
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(b) make such order varying the order as the Circuit Court determines to be just and reasonable.”,
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(b) by the deletion of subsections (4) to (9), and
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(c) in subsection (10)—
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(i) in paragraph (a), by the substitution of “this section, or” for “this section,”,
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(ii) in paragraph (b), by the substitution of “equitable remuneration.” for “equitable remuneration, or”, and
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(iii) by the deletion of paragraph (c).
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