52
Copyright
No. 26
Provided that the performers shall retain the right of commercial
rental.
(3) In the absence of any agreement to the contrary, or of
circumstances of employment from which the contrary would
ordinarily be inferred__
(a) the authorization to broadcast a performance or to
communicate it by cable shall not imply—
(i) an authorization to license another organization to
broadcast the performance or communicate it by cable;
(ii) an authorization to fix the performance; or
(iii) an authorization to reproduce the fixation;
(b) the authorization to fix the performance and to reproduce
the fixation shall not imply__
(i) an authorization to broadcast or otherwise communicate
the performance to the public from the fixation or any
reproduction of such fixation; or
(ii) an authorization to distribute copies of the fixation,
except when the fixation or reproduction in accordance with
the authorization granted is in the form of or is incorporated in
a visual or audiovisual fixation; and
(c) the authorization to distribute copies of a performance fixed
in a sound recording or audiovisual fixation shall not imply an
authorization to distribute copies by way of commercial rental.
(4) Where the performers have authorized the fixation of their
performance by the broadcaster and the broadcast or other
communication to the public of that fixation, the performer shall
have the right to equitable remuneration in respect of any such
broadcast or communication whether or not such fixation has been
used commercially.
(5) Where the performers have authorized distribution by way of
commercial rental of their performances fixed in sound recordings,
or audiovisual fixation the performer shall receive equitable
remuneration in respect thereof.
(6) Nothing in this section shall be construed so as to deprive
performers of the right to agree by contracts on terms and conditions
more favourable for them in respect of any use of their performance.
(7) Where a published sound recording or audiovisual fixation
of a performance is used for public performance, broadcasting or for
any other form of communication to the public except that which is
subject to authorization under subsection (1) (e), the provisions in