[21stApri12014] Supplement to O.fficial Gazette 67 has already been subject to a sale or other transfer of ownership in a country or territory, other than Seychelles, authorised by the producer. (3) The rights under subsection (l) shall be protected from the publication of the phonogram tmtil the end of the fiftieth calendar year following the year of publication or, if the phonogram has not been published from the flxation of the phonogram until the end of the fiftieth calendar year, following the year of fixation. 25.(1) If a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or other communication to the public, or is publicly perfonned, a single equitable remuneration for the performer or perfonners and the producer of the phonogram shall be paid by the user to the producer. (2) Unless otherwise agreed between the performers and the producer, half of the amount received by the producer under subsection (1) shall be paid by the producer to the performer or performers. (3) The right to an equitable remuneration under this section shall subsist from the date of fixation of the performance until the end of the fiftieth calendar year following the year affixation of the performance, provided that the phonogram is still protected under section 24(3). (4) For the purposes of this section, phonograms that have been made available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them shall be considered as if they have been published for commercial purposes. (5 ) Subsection ( 1 ) does not apply to the extent that the use of the phonogram is covered by an exclusive right under section 23(1 )(f) or section 24( 1)(d). Equitable rcn1uncration for use or phonograms