[21stApri12014]
Supplement to O.fficial Gazette
67
has already been subject to a sale or other transfer of ownership
in a country or territory, other than Seychelles, authorised by
the producer.
(3) The rights under subsection (l) shall be protected
from the publication of the phonogram tmtil the end of the
fiftieth calendar year following the year of publication or, if the
phonogram has not been published from the flxation of the
phonogram until the end of the fiftieth calendar year, following
the year of fixation.
25.(1) If 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 perfonned, a single equitable remuneration for the
performer or perfonners and the producer of the phonogram
shall be paid by the user to the producer.
(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 or performers.
(3) The right to an equitable remuneration under this
section shall subsist from the date of fixation of the
performance until the end of the fiftieth calendar year
following the year affixation of the performance, provided that
the phonogram is still protected under section 24(3).
(4) For the purposes of this section, phonograms 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.
(5 ) Subsection ( 1 ) does not apply to the extent that the
use of the phonogram is covered by an exclusive right under
section 23(1 )(f) or section 24( 1)(d).
Equitable
rcn1uncration
for use or
phonograms