(3) Where a person who engages in the business of the rental of commercial phonograms to the public (hereinafter referred to as commercial phonograms renters
) offers a performance to the public by rental of post-period commercial phonograms, he shall pay a reasonable amount of remuneration to the performer whose performance (to the extent within the duration of the neighboring rights therein) is incorporated in such phonogram.
(3) Where a person who engages in the business of the rental of commercial phonograms to the public (hereinafter referred to as commercial phonograms renters
) offers a performance to the public by rental of post-period commercial phonograms, he shall pay a reasonable amount of remuneration to the performer whose performance (to the extent within the duration of the neighboring rights therein) is incorporated in such phonogram.