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Acts requiring authorization of producers of phonograms
26.
shall,
(1)
Without the authorization of the producer of phonograms, no person
(a) directly reproduce or indirecly reproduce by using any communication
over a distance;
(b)
import for the purpose of distribution to the public; or
(c) distribute to the public;
duplicates of his phonogram.
(2) The protection referred to in subsection (I) shall subsist for twenty years
computed from the ern of the year in which the phooogram was published for
the first tiIre or, failing that, from the date on which it was initially made.
Equitable remuneration or use of phonograms
27. (1) If a phonogram published for commercial purposes, or a reproduction
of such phonogram, is used directly for broadcasting, distribution by cable or for
other communication to the public, a single equitable remuneration for the
performers am the porducer of the phonogram shall be pUd by the user to the
producer.
(2) Unless other wise agreed between the performers and the producer, half
of the amount received from the producer under subsection (1) shall be paid by
the producer to the performers.
(3) The amount received from the producer under subsection (2) shall be
divided among the performers or used by them, as agreed among them.
(4) The right to an equitable remuneration under this section shall subsist for
twenty years computed from the end of the year in which the phonogram was
published for the first time, or, failing that, from the date on which the phonogram
was initially made.
(5) This section shall not apply where a broadcast is made for non-profit making
purposes or where comm unication to the public in public places is not the result
of a purely commercial activity.
Notice of protection of phonogram
28. (1) Where copies of phonograms are made for commercial purposes,
there shall be printed on the copies a notice consisting of,
(a) the symbol
(b)
(P); and
the date of the first publication of the phonogram, placed in such manner
as to give reasonable notice of claim of protection of the right of the
producer.
(2) If the copies or their containers do not identify the producer by carrying
his name, trademark or other appropriate designation, the notice shall also include
the name of the person who owns the rights of the producer.
(3) If the copies or their containers do not identify the principal performers,
the notice shall also include the name of the person who owns the rights of such