iv.
the making available to the public of the sound recording, by wire or wireless means, in
such a way that members of the public may access it from a place or at a time individually
chosen by them.
b) The right of distribution under subsection (a) (ii.) of this Section shall not apply to the original or
the copy of the sound recording that has already been subject to a sale or other transfer of
ownership in any country authorized by the producer.
c) The rights under subsection (a) shall be protected from the publication of the sound recording until
the end of the fiftieth calendar year following the year of publication or, if the sound recording has
not been published from the fixation of the sound recording until the end of the fiftieth calendar
year, following the year of fixation.
§9.29. Equitable Remuneration for use of Sound Recordings
a) If a sound recording published for commercial purposes, or a reproduction of such sound
recording, 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
sound recording shall be paid by the user to the producer or a collective management organization
licensed by the Intellectual Property Office.
b) Unless otherwise agreed between the performers and the producer, half of the amount received by
the producer under subsection (a) shall be paid by the producer to the performer or performers.
c) The right to an equitable remuneration under this section shall subsist from the date of publication
of the sound recording until the end of fifty calendar years following the year of publication.
d) For the purposes of this section, sound recordings 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.
e) Subsection (a) does not apply to the extent that the use of the sound recording is covered by an
exclusive right under Section 9.2(a) (iv.) and Section 9.3(a) (iv.) of this Part.
§9.30. Rights of Broadcasting Organizations
a) A broadcasting organization shall have the exclusive right to carry out or to authorize any of the
following acts:
i.
the rebroadcasting of its broadcast;
ii.
the communication to the public of its broadcast;
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