When a sound recording is published for commercial purposes or a reproduction of such recording is used directly for broadcasting or other communication to the public, or is publicly performed the user through the respective collective management organization is to pay a single equitable remuneration for the performer and the producer of the sound recording and the remuneration is to be shared equally between the producer of the sound recording and the performer.
When a fixation of a performance is published for commercial purposes or a reproduction of a fixation of a performance is used for broadcasting or other communication to the public, or is publicly performed, a single equitable remuneration for the performer is to be paid by the user to the collective management organization.
The right of equitable remuneration subsists from the date of publication of the sound recording or fixed performance until the end of the fiftieth calendar year following the year of publication, provided the sound recording or fixed performance is still protected under the Copyright Act, 2001.
Sound recordings and fixations of performances which are made available by wire or wireless means in such a way that members of the public may access them from a place and a time individually chosen by them are considered to be published for commercial purposes.
REFERENCES
Copyright Act, 2001 Chapter 130 Laws of Kenya
