Copyright 35 Equitable remuneration 16b.  (1)  Where a sound recording is published for commercial purposes or a reproduction of such recording is publicly performed or used directly for broadcast or other communication to the public, an equitable remuneration for the performance shall be payable to the performer by the user of the sound recording. (2) Remuneration shall not be considered inequitable merely because it was paid by way of single payment. (3) Nothing in this section shall be construed so as to deprive a performer of the right to agree by contract on terms and conditions more favourable for him in respect of his performance. (3a)  In the absence of a contract on the equitable remuneration payable under subsection (1), the performer may apply to the Tribunal to determine the amount payable as equitable remuneration. (3b)  The performer may also apply to the Tribunal— (a) to vary any contract as to the amount payable as equitable remuneration; or (b) to vary any previous determination of the Tribunal relating to the equitable remuneration. (3c)  An application by a performer under paragraph (3b)(b) may only be made within twelve months from the date of a previous determination, unless special leave by the Tribunal has been obtained. (3d)  On an application under this section, the Tribunal shall consider the matter and make such order as to the method of calculation and payment of 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. (3e)  A contract is of no effect in so far as it purports to prevent a performer questioning the amount of equitable remuneration or to restrict the powers of the Tribunal under this section.