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{
"id": 1496267,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1496267/?format=api",
"text_counter": 229,
"type": "speech",
"speaker_name": "Webuye West, UDA",
"speaker_title": "Hon. Daniel Wanyama",
"speaker": null,
"content": "(b) by deleting the proposed new section 30AA; The justification is as follows. The Bill proposes to insert New Section 30 AA into the Act which provides for the regulation of equitable renumeration of performance and producers in a sound commercial. In terms of this amendment, the user of the commercial shall be paid and equitable remuneration to be divided in half by the producer and the performer. The amendment provides for the payment of equitable remuneration of only performers and producers of sound recordings on a 50 -50 basis and this leaves out any other player that maybe involved in the creation of sound recording. Further, the formula for the sharing of the remuneration should not be contained in the principal Act. That may be provided for in the subsidiary legislation. As I conclude, the High Court in the Constitution Petition No.5 of 2016 in Malindi ruled that Section 30A of the Copyright Act being the proposed New Section 30AA was unconstitutional because it limited the rights of artists to choose how their royalties had to be paid and, therefore, limited their freedom of association."
}