PART III.

Copyright in Sound Recordings, Cinematograph Films, Broadcasts, etc.

17. —(1) Copyright shall subsist, subject to the provisions of this Act—

(a) in every sound recording of which the maker was a qualified person at the time the recording was made, and

(b) without prejudice to the preceding paragraph of this subsection, in every published sound recording the first publication of which took place in the State.

(2) Copyright subsisting in a sound recording by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the year in which the recording is first published.

(3) Subject to the provisions of this Act, the maker of a sound recording shall be entitled to any copyright subsisting in the recording by virtue of this section, save, however, that where a person commissions the making of a sound recording, and pays or agrees to pay for it in money or money's worth, and the recording is made in pursuance of that commission, that person, in the absence of an agreement to the contrary, shall be entitled to any copyright subsisting in the recording by virtue of this section.

(4) The acts restricted by the copyright in a sound recording are—

(a) making a record embodying the recording;

(b) in the case of a published recording, causing the recording or any reproduction thereof to be heard in public, or to be broadcast, or to be transmitted to subscribers to a diffusion service, without the payment of equitable remuneration to the owner of the copyright subsisting in the recording;

(c) in the case of an unpublished recording, causing the recording or any reproduction thereof to be heard in public, or to be broadcast, or to be transmitted to subscribers to a diffusion service.

(5) Where—

(a) either party to a dispute in relation to the amount of remuneration payable under paragraph (b) of subsection (4) of this section undertakes to refer the dispute to the Controller under section 31 of this Act, and

(b) an undertaking has been given to the owner of the copyright subsisting in the recording by the other party to the dispute to pay to him the amount of remuneration determined under the said section 31,

the copyright in the recording is not infringed on the ground of non-fulfilment of the condition specified in the said paragraph (b).

(6) The copyright in a sound recording is not infringed by a person who does any of the acts mentioned in subsection (4) of this section in the State in relation to a sound recording, or part of a sound recording, if—

(a) records embodying that recording, or that part of the recording, as the case may be, have previously been issued to the public in the State, and

(b) at the time when those records were so issued, neither the records nor the containers in which they were issued bore a label or other mark indicating the year in which the recording was first published.

(7) The immediately preceding subsection of this section shall not apply if it is shown—

(a) that the records in question were not issued by or with the licence of the owner of the copyright, or

(b) that the owner of the copyright had taken all reasonable steps for securing that records embodying the recording, or part thereof, would not be issued to the public in the State without a label or mark either on the records themselves or on their containers indicating the year in which the recording was first published.

(8) Where a published sound recording is caused to be heard in public—

(a) at any premises where persons reside or sleep, as part of the amenities provided exclusively or mainly for residents or inmates therein, or

(b) as part of the activities of, or for the benefit of, a club, society or other organisation which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare,

the act of causing the sound recording to be so heard without the payment of equitable remuneration to the owner of the copyright subsisting in the recording shall not, subject to the provisions of the next following subsection of this section, constitute an infringement of the copyright subsisting therein.

(9) The immediately preceding subsection of this section shall not apply—

(a) in the case of the premises mentioned in paragraph (a) of that subsection, if a special charge is made for admission to the part of the premises where the recording is to be heard, or

(b) in the case of any such organisation as is mentioned in paragraph (b) of that subsection, if a charge is made for admission to the place where the recording is to be heard, and any of the proceeds of the charge are applied otherwise than for the purposes of the organisation.

(10) For the purposes of this Act, a sound recording shall be taken to be made at the time when the first record embodying the recording is made, and the maker of a sound recording is the person who owns that record at the time when the recording is made.

(11) Where, by virtue of an assignment or licence or otherwise, Radio Éireann is authorised to broadcast a sound recording, but (apart from this subsection) would not be entitled to make a record of it, the copyright in the recording is not infringed if Radio Éireann by means of its own facilities makes a record of the recording for the purpose of the authorised broadcast.

(12) The general exception mentioned in the immediately preceding subsection of this section shall not apply if, without the consent of the owner of the relevant rights in the sound recording—

(a) the record or any copy thereof is used for any purpose except that of making the broadcast in accordance with the authorisation, if any, or,

(b) the record or any copy thereof is not destroyed before the end of the period of six months next following the making of the record, or such longer period as may be agreed between Radio Éireann and the person who, in relation to the making of records of the description in question, is the owner of the copyright subsisting in the recording

(13) Any record of a recording made under subsection (11) of this section which is of an exceptional documentary character may be preserved in the archives of Radio Éireann, which are hereby designated official archives for the purpose, but, subject to the provisions of this Act, shall not be used for broadcasting or for any other purpose without the consent of the owner of the relevant rights in the recording.

(14) In this Act—

“sound recording” means the aggregate of the sounds embodied in, and capable of being reproduced by means of, a record of any description, other than a sound-track associated with a cinematograph film; and

“publication”, in relation to a sound recording, means the issue to the public of records embodying the recording or any part thereof.

18. —(1) Copyright shall subsist, subject to the provisions of this Act—

(a) in every cinematograph film the maker of which was a qualified person for the whole or a substantial part of the period during which the film was made, and

(b) without prejudice to the provision contained in paragraph (a) of this subsection, in every published cinematograph film the first publication of which took place in the State.

(2) Copyright subsisting in a cinematograph film by virtue of this section shall continue to subsist until the end of the period of fifty years from the end of the year in which the film is first published.

(3) Subject to the provisions of this Act the maker of a cinematograph film shall be entitled to any copyright subsisting in the film by virtue of this section, except, however, that where a person commissions the making of a cinematograph film, and pays or agrees to pay for it in money or money's worth, and the film is made in pursuance of that commission, that person, in the absence of an agreement to the contrary, shall be entitled to any copyright subsisting in the film by virtue of this section.

(4) The acts restricted by the copyright in a cinematograph film are—

(a) making a copy of the film;

(b) causing the film, in so far as it consists of visual images, to be seen in public, or, in so far as it consists of sounds, to be heard in public;

(c) broadcasting the film;

(d) causing the film to be transmitted to subscribers to a diffusion service.

(5) The making of a copy of a cinematograph film for the purposes of a judicial proceeding, or causing it to be seen or heard in public for those purposes, shall not constitute an infringement of any copyright subsisting therein by virtue of this section.

(6) Where copyright has subsisted in a cinematograph film by virtue of this section and has ceased to so subsist, a person who, after such cesser, causes the film to be seen, or to be seen and heard, in public, or to be broadcast, does not thereby infringe any copyright subsisting by virtue of Part II of this Act in any literary, dramatic, musical or artistic work presented in the film.

(7) In the case of a cinematograph film which is a newsreel, the causing of the film to be seen, or seen and heard, in public, or to be broadcast, after the end of the period of fifty years from the end of the year in which the principal events depicted in the film occurred, shall not constitute an infringement of the copyright subsisting by virtue of this section in the film.

(8) For the purposes of this Act, a cinematograph film shall be taken to include the sounds embodied in any sound-track associated with the film, and references to a copy of a cinematograph film shall be construed accordingly.

(9) Where the sounds embodied in any sound-track associated with a cinematograph film are also embodied in a record not derived from that sound-track, any use made of that record shall not constitute an infringement of the copyright in the film.

(10) In this Act—

“cinematograph film” means any sequence of visual images recorded on material of any description (whether translucent or not) so as to be capable, by use of that material—

(a) of being shown as a moving picture, or

(b) of being recorded on other material (whether translucent or not) by the use of which it can be shown;

“maker”, in relation to a cinematograph film, means the person by whom the arrangements necessary for the making of the film are undertaken;

“publication”, in relation to a cinematograph film, means the sale, letting on hire, or offer for sale or hire, of copies of the film to, or for showing by any means to, the public;

“copy”, in relation to a cinematograph film, means any print, negative, tape or other article on which the film or part of it is recorded.

(11) References in this Act to a sound-track associated with a cinematograph film are references to any record of sounds which is incorporated in any print, negative, tape or other article on which the film or part of it, in so far as it consists of visual images, is recorded, or which is issued by the maker of the film for use in conjunction with such an article.

19. —(1) Copyright shall, subject to the provisions of this Act, subsist in every television broadcast and in every sound broadcast made by Radio Éireann from a place in the State.

(2) Copyright in a television broadcast and copyright in a sound broadcast shall continue to subsist until the end of the period of fifty years from the end of the year in which the broadcast is first made.

(3) Subject to the provisions of this Act, Radio Éireann shall be entitled to any copyright subsisting in a television broadcast and to any copyright subsisting in a sound broadcast made by Radio Éireann from a place in the State.

(4) In so far as a television broadcast or a sound broadcast is a repetition (whether the first or any subsequent repetition) of a television broadcast or a sound broadcast previously made by Radio Éireann from a place in the State, and is made by broadcasting material recorded on film, records or otherwise—

(a) copyright shall not subsist therein by virtue of this section if it is made after the end of the period of fifty years from the end of the year in which the previous broadcast was made; and

(b) if it is made before the end of that period, any copyright subsisting therein by virtue of this section shall cease to subsist therein at the end of that period.

(5) The acts restricted by the copyright in a television broadcast or a sound broadcast are—

(a) in the case of a television broadcast in so far as it consists of visual images, making, otherwise than for private purposes, a cinematograph film of it or part of it or a photograph of part of it or a copy of such film or photograph;

(b) in the case of a sound broadcast, or of a television broadcast in so far as it consists of sounds, making, otherwise than for private purposes, a sound recording of it, or a record embodying such a recording;

(c) in the case of a television broadcast, causing it, in so far as it consists of visual images, to be seen in public, or, in so far as it consists of sounds, to be heard in public, if it is seen or heard by a paying audience;

(d) in the case either of a television broadcast or a sound broadcast, rebroadcasting it.

(6) The restrictions imposed by virtue of subsection (5) of this section in relation to a television broadcast or a sound broadcast made by Radio Éireann shall apply whether the act in question is done by—

(a) the reception of the broadcast, or

(b) making use of any record, print, negative, tape, or other article on which the broadcast has been recorded.

(7) In relation to copyright in television broadcasts, in so far as they consist of visual images, the restrictions imposed by virtue of subsection (5) of this section in relation to a cinematograph film or a copy of such a film shall apply to any sequence of images sufficient to be seen as a moving picture; and accordingly, for the purpose of establishing an infringement of such copyright, it shall not be necessary to prove that the act in question extended to more than a sequence of images.

(8) For the purposes of subsection (5) of this section, a cinematograph film or a copy thereof, a photograph or a copy thereof, or a sound recording or a record embodying a recording, shall be taken to be made otherwise than for private purposes if it is made for the purposes of the doing by any person of any of the following acts, that is to say—

(a) the sale or letting for hire of any copy of the film or photograph, or, as the case may be, of any record embodying the recording;

(b) broadcasting the film, recording or photograph;

(c) causing the film, photograph or recording to be seen or heard in public.

(9) For the purposes of paragraph (c) of subsection (5) of this section, a television broadcast shall be taken to be seen or heard by a paying audience if it is seen or heard by persons who either—

(a) have been admitted for payment to the place where the broadcast is to be seen or heard, or have been admitted for payment to a place of which that place forms part, or

(b) have been admitted to the place where the broadcast is to be seen or heard in circumstances where goods or services are supplied there at prices which exceed the prices usually charged at that place and are partly attributable to the facilities afforded for seeing or hearing the broadcast.

(10) For the purposes of paragraph (a) of the immediately preceding subsection of this section no account shall be taken—

(a) of persons admitted to the place in question as residents or inmates therein, or

(b) of persons admitted to that place as members of a club or society, where the payment is only for membership of the club or society and the provision of facilities for seeing or hearing television broadcasts is only incidental to the main purposes of the club or society.

(11) Anything done in relation to a television broadcast or a sound broadcast for the purposes of a judicial proceeding does not constitute an infringement of the copyright subsisting in the broadcast.

(12) In this Act—

“television broadcast” means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images;

“sound broadcast” means sounds broadcast otherwise than as part of a television broadcast.

(13) For the purposes of this Act, a television broadcast or a sound broadcast shall be taken to be made by the body by whom, at the time when, and from the place from which, the visual images or sounds in question, or both, as the case may be, are broadcast.

20. —(1) Subject to the provisions of this Act, copyright shall subsist in every published edition of any one or more literary, dramatic or musical works where either—

(a) the first publication of the edition took place in the State, or

(b) the publisher of the edition was a qualified person at the date of the first publication thereof.

(2) Copyright shall not subsist in an edition which reproduces the typographical arrangement of a previous edition of the same work or works.

(3) Subject to the provisions of this Act, the publisher of an edition shall be entitled to any copyright subsisting therein by virtue of this section

(4) Copyright subsisting in a published edition by virtue of this section shall continue to subsist until the end of the period of twenty-five years from the end of the year in which the edition is first published.

(5) The act restricted by the copyright subsisting in a published edition by virtue of this section is the making, by any photographic or similar process, of a reproduction of the typographical arrangement of the edition.

(6) The making, by any such process as aforesaid, of a reproduction of the typographical arrangement of the edition for the purposes of research or private study involving the work contained in the edition, shall not constitute an infringement of the copyright subsisting in the edition by virtue of this section.

21. —(1) The provisions of this section shall have effect with respect to copyright subsisting by virtue of this Part of this Act in sound recordings, cinematograph films, television broadcasts and sound broadcasts, and in published editions of literary, dramatic and musical works; and in those provisions references to the relevant provision of this Part of this Act, in relation to copyright in a subject-matter of any of those descriptions, are references to the provision of this Part of this Act whereby it is provided that (subject to compliance with the conditions specified therein) copyright shall subsist in that description of subject-matter.

(2) Where copyright subsists by virtue of this Part of this Act in a sound recording, cinematograph film, broadcast or other subject-matter, nothing in this Part of this Act shall be construed as affecting the operation of Part II of this Act in relation to any literary, dramatic, musical or artistic work from which that subject-matter is wholly or partly derived; and copyright subsisting by virtue of this Part of this Act shall be additional to, and independent of, any copyright subsisting by virtue of Part II of this Act.

(3) The immediately preceding subsection of this section shall have effect subject to the provisions of subsection (6) of section 18 of this Act.

(4) The subsistence of copyright under any of the preceding sections of this Part of this Act shall not affect the operation of any other of those sections under which copyright can subsist.

(5) Any copyright subsisting by virtue of this Part of this Act is infringed by any person who, without the licence of the owner of the copyright, imports an article (otherwise than for his private and domestic use) into the State, if to his knowledge the making of that article constituted an infringement of that copyright, or would have constituted such an infringement if the article had been made in the State.

(6) Any such copyright is also infringed by any person who, in the State, and without the licence of the owner of the copyright—

(a) sells, lets for hire, or by way of trade offers or exposes for sale or hire any article, or

(b) by way of trade exhibits any article in public,

if to his knowledge the making of the article constituted an infringement of that copyright, or (in the case of an imported article) would have constituted an infringement of that copyright if the article had been made in the State.

(7) The immediately preceding subsection of this section shall apply in relation to the distribution of articles either—

(a) for purposes of trade, or

(b) for other purposes, but to such an extent as to affect prejudicially the owner of the copyright in question, as it applies to the sale of an article.

(8) Subsections (5), (6) and (7) of this section shall have effect without prejudice to the general provisions of section 7 of this Act as to infringements of copyright.