Copyright and Related Rights Act 2000

F157[Annual supplementary remuneration.

299B

299B.—(1) If, in relation to a sound recording of a performance—

(a) the performer has made an assignment agreement that gives the performer the right to claim a non-recurring remuneration, and

(b) the minimum period specified in section 299A(1)(b) has elapsed,

the performer shall have the right to obtain an annual supplementary remuneration from the producer for each full year immediately following the fiftieth year after the sound recording was first lawfully made available to the public.

(2) The right of the performer to obtain an annual supplementary remuneration in accordance with this section shall not be waived by the performer and an agreement is void in so far as it purports to exclude or restrict that right.

(3) The overall amount to be set aside, at least once a year, by a producer for payment of annual supplementary remuneration pursuant to this section shall correspond to 20% of the gross revenue that the producer has derived for the preceding full year referred to in subsection (1).

(4) The right of a performer referred to in subsection (1) to obtain an annual supplementary remuneration in accordance with this section shall be administered by a collecting society on his or her behalf as follows:

(a) the producer shall pay the annual supplementary remuneration referred to in subsection (1) to which the performer is entitled to a collecting society within one month of its having been set aside;

(b) the collecting society shall then distribute the annual supplementary remuneration referred to in paragraph (a) to the performer.

(5) For the purposes of this section, the producer or the former producer of a sound recording shall, if requested by the performer in writing, inform the performer in writing as soon as may be, and in any event not more than 40 days after receipt of the said request, of any information in the possession of the producer or former producer that may be necessary for the performer in order to secure payment of that remuneration.

(6) If the producer or the former producer fails to supply the information specified in subsection (5) within the period specified in that subsection, the performer may seek an injunction from the High Court requiring the producer or former producer to provide the information.

(7) The "gross revenue" referred to in subsection (3) means the revenue, before deducting costs, derived by the producer from the exclusive rights of distribution, reproduction and making available of the sound recording.]

Annotations

Amendments:

F157

Inserted (1.11.2013) by European Union (Term of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 (S.I. No. 411 of 2013), reg. 3(g), in operation as per reg. 1(2).