(3) The notice referred to in subsection (1) shall be prima facie evidence of the facts stated for the purposes of any proceedings brought under this Act with respect to the rights of the producer. (4) No person shall deal in, or have in his possession for commercial purpose, a copy of a sound recording referred to in subsection (1) unless it bears the hologram of the Society. 35. Equitable remuneration for use of phonogram (1) Subject to subsection (5), where 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 performed, a single equitable remuneration for the performer or performers and the producer of the phonogram shall, as the case may be, be paid by the user to the producer or Society. (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. (3) Where the phonogram is protected under section 32(3), the right to an equitable remuneration under this section shall subsist from the date of publication of the phonogram until the end of the fiftieth calendar year following the year of publication. (4) For the purposes of this section, phonograms that have been made available to the public by wire or wireless 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) Section 32(1)(d) shall not apply to the extent that the use of the phonogram is covered by an exclusive right under section 32.