(1) This section applies where an application is made to the Tribunal in pursuance of subsection 108(1) for the determination of an equitable remuneration to be paid to the owner of the copyright in a sound recording for the causing of the recording to be heard in public.
(2) The parties to an application in relation to which this section applies are:
(a) the owner of the copyright in the recording; and
(b) the person who caused the recording to be heard in public.
(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
causing of the recording to be heard in public.