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Article 2
1. In article 4—
(a)at the end of sub-paragraph (1)(a)(ii) for “; or” substitute “, and” and insert the following new sub-paragraph—
“(iii)in relation to an audio-book, a producer or narrator thereof; or;”
(b)after sub-paragraph (2)(c)(ii) insert the following new sub-paragraphs—
“(iii)by his being named on the case with which the audio-book is sold; or;
(iv)is evidenced by reference to a written contract with the publisher of the audio-book which refers expressly to his being an author within the meaning of paragraph (1).”
2. In article 6(2), after “(including a paper-back edition)” insert “or an audio-book or an e-book”.
3. In article 9A—
(a)in paragraphs (1), (2), (3), (4), (5) and (6), insert after the first occurrence of “book” in each of those paragraphs—
“other than an audio-book,”
4. After article 9A insert the new article—
9B.—(1) In respect of an audio-book for which there is a writer, narrator and producer, but no editor or translator—
(a)the writer’s share shall be sixty per cent of the Public Lending Right,
(b)the narrator’s share shall be twenty per cent of that Right, and
(c)the producer’s share shall be twenty per cent of that Right.
(2) In respect of the audio-book for which there is both an editor and a translator—
(a)the writer’s shall shall be thirty per cent of the Public Lending Right,
(b)the narrator’s share shall be twenty per cent of that Right,
(c)the producer’s share shall be twenty per cent of the Right,
(d)the editor’s share shall be twelve per cent of that Right,
(e)the translator’s share shall be eighteen percent of that Right.
(3) In respect of an audio-book for which there is an editor, but no translator—
(a)the writer’s share shall be forty-eight per cent of that Right,
(b)the narrator’s share shall be twenty per cent of that Right,
(c)the producer’s share shall be twenty per cent of that Right, and
(d)the editor’s share shall be twelve per cent of that Right.
(4) In respect of an audio-book for which there is a translator, but no editor—
(a)the writer’s share shall be forty-two per cent of the Public Lending Right,
(b)the narrator’s share shall be twenty per cent of that Right,
(c)the producer’s share shall be twenty per cent of that Right, and
(d)the translator’s share share be eighteen per cent of that Right.
(5) In the case of an audio-book for which the number of writers, narrators, producers, editors or translators id greater than one (including any who are not eligible persons) the respective shares of the Public Lending Right referred to in paragraph (1) to (4) shall be divided equally.”
5. In article 14A —
(a)in paragraph (c) after “illustrator”, insert “or narrator or producer”;
(b)in paragraph (c), for “or (5)(b)(ii)”, insert “, (5)(b)(ii) or article 9B”.
6. In articles 17(1)(c) and 17(2)(c) after “compiler”, wherever it occurs, insert “or narrator or producer”.
7. In article 39, for “to be marked” substitute “to be separately identified” and for “so marked” substitute “so identified”.
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