[182D Right to equitable remuneration for exploitation of sound recording]

[182D  Right to equitable remuneration for exploitation of sound recording]

[(1)     Where a commercially published sound recording of the whole or any substantial part of a qualifying performance—

(a)     is played in public, or

[(b)     is communicated to the public otherwise than by its being made available to the public in the way mentioned in section 182CA(1),]

the performer is entitled to equitable remuneration from the owner of the copyright in the sound recording [or, where copyright in the sound recording has expired pursuant to section 191HA(4), from a person who plays the sound recording in public or communicates the sound recording to the public].

[(1A)     In subsection (1), the reference to publication of a sound recording includes making it available

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