S.L. 415.4 Art. 8Performer’sannual supplementary remuneration.

(1) Only where a contract of transfer or assignment gives the performer a right to claim a non-recurring remuneration, the performer shall have the right to obtain an annual supplementary remuneration from the producer of a sound recording for each full year immediately following the fiftieth year after the sound recording was lawfully published or, failing such publication, the fiftieth year after it was lawfully communicated to the public.

(2) The right to obtain such annual supplementary remuneration may not be waived by the performer.

(3) The overall amount to be set aside by a producer of a sound regulation, shall correspond to twenty per centum (20%) of the revenue which the producer of a sound recording has derived, during the year preceding that for which the said remuneration is paid, from the exclusive rights of reproduction, distribution and making available of the sound recording in question, following the fiftieth year after it was lawfully published or, failing such publication, the fiftieth year after it was lawfully communicated to the public.

(4) Producers of a sound recording are required, upon request, to provide to performers who are entitled to the annual supplementary remuneration referred to in this regulation any information which may be necessary in order to secure payment of that remuneration.

(5) The right to obtain an annual supplementary remuneration as referred to in this regulation may be administered by collecting societies.

(6) Where a performer is entitled to recurring payments, neither advance payments nor any contractually defined deductions shall be deducted from the payments made to the performer following the fiftieth year after the sound recording was lawfully published or, failing such publication, the fiftieth year after it was lawfully communicated to the public.