(4)Chapter XI of these rules relating to Copyright Societies except sub-rule (1) of rule 44 shall with necessary adaptations and modifications shall apply to a Performer's Society also.Explanation 1. - The royalty collected from enjoyment of the performer's right in (i) to (v) of clause (a) of sub-section (1) and proviso to sub-section (2) of section 38A, shall be shared equally between the performer and other owner of copyright.Explanation 2. - Commercial use as mentioned in proviso to sub section (2) of section 38A, means the exploitation of the performers right by way of reproduction issue of copies or distribution, communication to public including broadcasting and commercial rental of the cinematograph film.Explanation 3. - For the purpose of this chapter performance includes recording of visual or acoustic presentation of a performer in the sound and visual records in the studio or otherwise.
