Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendment No. d1:

In page 3, between lines 13 and 14, to insert the following: "Amendment of section 38 of Principal Act

2. Section 38 of the Principal Act is amended by the insertion of the following subsection (3A) after subsection (3):

"(3A) (a) Payments made to a licensing body pursuant to subsections (1) and (2) of this section shall be known for the purpose of this section and section 208 as ‘equitable remuneration’. The right to receive the same is a right which is shared between the qualifying copyright owner of the sound recording and performers whose qualifying performances are incorporated in the sound recording.

(b) In this section—

'qualifying copyright owner' means a person or body qualifying for copyright protection in a sound recording by virtue of sections 182, 183, 184 or 288;

'qualifying performance' means a person or body whose performance qualifies for protection under sections 287, 288 or 289.

(c) The right of the copyright owner to receive equitable remuneration may be exercised through a collective management organisation which is a licensing body as defined in subsection (15) of this section and registered with the Controller of Intellectual Property pursuant to section 181 in respect of the copyright in sound recordings.".".