40
Copyright
No. 26
public, and any electronic scanning of printed material and the
making of printouts from machinereadable material shall be
permitted; and
(e) the use of an artistic work in connection with the text of a
critical or scientific presentation for commercial purposes, a
textbook intended for teaching or a generally informative
presentation:
Provided that the work has already been lawfully made
available to the public and that the presentation is not made
available to the public in machinereadable form unless the
author has notified the Society in writing that any such use is
subject to the author’s authorization, and such notification shall
be communicated to the licensed user.
(4) The authority given to the Society to enter into agreements
that entail an extended collective licence is without prejudice to the
authority of the owner of the relevant rights to grant licences for any
use as set out in this section except that the right of simultaneous
and unaltered rebroadcasting and cable retransmission of the
broadcast of works shall not be exercised except through the
Society.
(5) Irrespective of any agreement, the decision by the Society or
an association that the Society has entrusted with the collection and
distribution of remuneration for the permitted use, shall also be
binding on owners of rights who are not members of or represented
by the organization or the association, such that__
(a) if the remuneration is collected and distributed on a title
specific basis, the owners of rights shall have the same rights as
owners of rights who are members of or represented by the
Society or such association to partake in the distribution of
remuneration;
(b) if the remuneration is collected on a nontitle specific basis,
the owners of rights shall have the same rights as owners of rights
who are members of, or represented by the Society or the
association to share in any funds and benefits that are distributed
or largely financed from the remuneration; or
(c) when an owner of rights can substantiate that his work has
been used pursuant to this section, he shall as an alternative to
benefiting from the remuneration in the manner set out in
paragraphs (a) and (b), be entitled to claim that the corresponding
remuneration be paid to him and the claim shall be made within
three years from the end of the year in which the use took place,
and to be directed exclusively to the Society except when