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33. No right to equitable remuneration under section 93B or 191G (right to equitable remuneration where rental right transferred) arises—
(a)in respect of any rental of a sound recording or film before 1st April 1997, or
(b)in respect of any rental after that date of a sound recording or film made in pursuance of an agreement entered into before 1st July 1994, unless the author or performer (or a successor in title of his) has before 1st January 1997 notified the person by whom the remuneration would be payable that he intends to exercise that right.