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Application to Tribunal for determination of remuneration payable for making available to public sound recording by means of digital audio transmission

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—(1) This section shall apply where an application is made to the Tribunal under section 107D for the determination of equitable remuneration to be paid to the owner of the copyright in a sound recording for the making available to the public of the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service. (2) The parties to an application in relation to which this section applies are —(a)the owner of the copyright in the sound recording; and(b)the person who makes available to the public the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service. (3) Where an application in relation to which this section applies is made to the Tribunal, the Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make an order determining the amount that it considers to be equitable remuneration to the owner of the copyright for the making available to the public of the sound recording by means of or as part of a digital audio transmission that is not part of an interactive service. (4) In this section, “interactive service” has the same meaning as in section 81(1). [Aust. 1968, s. 151]

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