Valid from 01/12/1996
(1)Where a commercially published sound recording of the whole or any substantial part of a qualifying performance—
(a)is played in public, or
(b)is included in a broadcast or cable programme service,
the performer is entitled to equitable remuneration from the owner of the copyright in the sound recording.
(2)The right to equitable remuneration under this section may not be assigned by the performer except to a collecting society for the purpose of enabling it to enforce the right on his behalf.
The right is, however, transmissible by testamentary disposition or by operation of law as personal or moveable property; and it may be assigned or further transmitted by any person into whose hands it passes.
(3)The amount payable by way of equitable remuneration is as agreed by or on behalf of the persons by and to whom it is payable, subject to the following provisions.
(4)In default of agreement as to the amount payable by way of equitable remuneration, the person by or to whom it is payable may apply to the Copyright Tribunal to determine the amount payable.
(5)A person to or by whom equitable remuneration is payable may also apply to the Copyright Tribunal—
(a)to vary any agreement as to the amount payable, or
(b)to vary any previous determination of the Tribunal as to that matter;
but except with the special leave of the Tribunal no such application may be made within twelve months from the date of a previous determination.
An order made on an application under this subsection has effect from the date on which it is made or such later date as may be specified by the Tribunal.
(6)On an application under this section the Tribunal shall consider the matter and make such order as to the method of calculating and paying equitable remuneration as it may determine to be reasonable in the circumstances, taking into account the importance of the contribution of the performer to the sound recording.
(7)An agreement is of no effect in so far as it purports—
(a)to exclude or restrict the right to equitable remuneration under this section, or
(b)to prevent a person questioning the amount of equitable remuneration or to restrict the powers of the Copyright Tribunal under this section.]
Textual Amendments
F1S. 182D inserted (1.12.1996) by S.I. 1996/2967, reg. 20(2) (with Pt. III)